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Civil Procedure [2025] KEELC 4969 (KLR)

Temba & another v Governor, Bungoma County Government & 3 others

Temba & another v Governor, Bungoma County Government & 3 others [2025] KEELC 4969 (KLR)

The Environment and Land Court held that photographs tendered without a certificate of production under section 106B of the Evidence Act were inadmissible and expunged them.

  • Admissibility Of Evidence
  • Electronic Records
  • Certificate Of Production
  • Evidence Act Section 106b
  • Electronic-evidence
  • Admissibility-of-evidence
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Employment And Labour [2024] KEELRC 1208 (KLR)

Muendo v Eurocity Hospital Kisumu & another

Muendo v Eurocity Hospital Kisumu & another [2024] KEELRC 1208 (KLR)

The court admitted a compact disc of electronic recordings under section 106B of the Evidence Act, but required the Claimant to file a transcript.

  • Admissibility Of Evidence
  • Electronic Evidence
  • Evidence Act Section 106b
  • Electronic-evidence
  • Evidence-act-section-106b
  • Admissibility-of-evidence
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Employment And Labour [2022] KEELRC 12768 (KLR)

Angira v British High Commission

Angira v British High Commission [2022] KEELRC 12768 (KLR)

The court overruled an objection to a video exhibit, holding that the respondent satisfied section 106B of the Evidence Act through certificates and disclosure of recording details.

  • Admissibility Of Electronic Evidence
  • Evidence Act Section 106b
  • Video Evidence
  • Burden Of Proof
  • Admissibility-of-electronic-evidence
  • Evidence-act-section-106b
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Civil Procedure [2022] KEELC 3159 (KLR)

Kayugira & another v Musyoka & another (In their Capacities as Administrators to the Estate of Henry Musyoki Kilonzi – Deceased)

Kayugira & another v Musyoka & another (In their Capacities as Administrators to the Estate of Henry Musyoki Kilonzi – Deceased) [2022] KEELC 3159 (KLR)

The court declined to strike out email evidence for want of a section 106B certificate, instead giving the applicants 14 days to file a supplementary affidavit and certificate.

  • Admissibility Of Evidence
  • Electronic Documents
  • Certificate Requirement
  • Evidence Act Section 106b
  • Electronic-evidence
  • Evidence-act
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Criminal Law [2021] KEHC 715 (KLR)

Felix Otieno v Republic

Felix Otieno v Republic [2021] KEHC 715 (KLR)

High Court dismissed a criminal appeal against convictions for conspiracy, forgery, and making false documents, upholding the seven-year sentence.

  • Stealing Goods In Transit
  • Forgery
  • Making Document Without Authority
  • Conspiracy To Commit Felony
  • Evidence Act Section 106b
  • Identification Parade
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Criminal Law [2021] KEMC 3 (KLR)

Republic v Mwangi & another

Republic v Mwangi & another [2021] KEMC 3 (KLR)

The court found that the 1st accused, as a public officer and member of the Planning Committee, solicited a bribe of Kshs. 280,000/= and received Kshs. 140,000/= from the complainants as an inducement to influence the committee's decision regarding the demolition of stalls. The prosecution's case was corroborated by electronic evidence, transcripts, and the government analyst's report confirming the presence of APQ powder on the accused's hands. The defence of entrapment was rejected as the EACC acted on a prior complaint and did not incite the offence. The 2nd accused was acquitted on the ch…

  • Corruption Offences
  • Public Officer Misconduct
  • Bribery
  • Evidence Act Section 106b
  • Burden Of Proof
  • Entrapment
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Employment And Labour [2021] KEELRC 1062 (KLR)

Jackline Vusevwa Selenge v Olivier Guiguemde

Jackline Vusevwa Selenge v Olivier Guiguemde [2021] KEELRC 1062 (KLR)

The court found that the Applicant had disclosed the existence of the audio recording at the outset in the list of documents and witness statement. The inability to upload the recording was due to technical limitations of the e-filing platform, which the court recognized as a plausible explanation. The Applicant provided a certificate of authenticity signed by the person responsible for the device, detailing the production process and device particulars, thus meeting the requirements of Section 106B(4) of the Evidence Act. The court held that the electronic evidence in the CD met all statutor…

  • Admissibility Of Electronic Evidence
  • Certificate Of Authenticity
  • Evidence Act Section 106b
  • Procedural Fairness
  • Judicial Discretion
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Criminal Law [2021] KEHC 3933 (KLR)

Republic v Dennis Paul Manoti

Republic v Dennis Paul Manoti [2021] KEHC 3933 (KLR)

The court found that the prosecution proved beyond reasonable doubt that the accused, a public officer, solicited and received a bribe in the course of his official duties. The audio recording and transcript, though of imperfect quality, were sufficiently authenticated and corroborated by witness testimony and forensic evidence. The presence of APQ chemical on both hands and multiple pockets of the accused's coat, together with the sequence of events at Ankara Hotel, supported the prosecution's version that the accused received the treated money. The court rejected the defence's explanations…

  • Bribery Offences
  • Public Officer Corruption
  • Evidence Act Section 106b
  • Voice Identification
  • Burden Of Proof
  • Investigative Procedure
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Civil Procedure [2020] KEHC 8905 (KLR)

Peter Ngethe Ngari t/a PNN Funeral Services v Standard Group Limited PLC & Njiraini M. Macharia

Peter Ngethe Ngari t/a PNN Funeral Services v Standard Group Limited PLC & Njiraini M. Macharia [2020] KEHC 8905 (KLR)

The court held that under Section 106B of the Evidence Act, electronic records require a certificate for admissibility unless the maker is present and can testify to the document's authenticity and contents. In this case, the makers of the emails (DMFI 4 and 5) were present in court and confirmed authorship and content, thus satisfying the evidentiary requirements. The objection to these documents was therefore dismissed. However, the photograph (DMFI 7) did not meet the requirements as its source and authenticity were not sufficiently established, and the necessary certificate was absent. Th…

  • Admissibility Of Evidence
  • Electronic Records
  • Evidence Act Section 106b
  • Documentary Evidence
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Criminal Law [2019] KEHC 3714 (KLR)

Njuguna Mwangi & Samuel Irungu Mwangi v Republic

Njuguna Mwangi & Samuel Irungu Mwangi v Republic [2019] KEHC 3714 (KLR)

The High Court found that the objection to the admissibility of the electronic evidence was prematurely raised before the trial court, as no application for admission of the contested exhibits had been made at the time. The trial court acted within its discretion in allowing identification and playing of the exhibits, and such procedural decisions are within the purview of the trial court unless there is manifest injustice or lack of remedy. The certificate prepared under Section 106B(2) was a matter for the trial court to evaluate at the appropriate stage. The applicants had an alternative r…

  • Admissibility Of Electronic Evidence
  • Revisionary Jurisdiction
  • Supervisory Powers Of High Court
  • Trial Procedure
  • Evidence Act Section 106b
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