When is a Section 106B(4) Certificate of Electronic Evidence mandatory in Kenya?
Under Section 106B(4) of the Evidence Act (Cap 80, Laws of Kenya), whenever any statement or electronic record produced by a computer (such as WhatsApp messages, emails, M-Pesa statements, digital photographs, or CCTV footage) is tendered in evidence, it must be accompanied by a signed certificate identifying the electronic record and describing the manner of its production and the particulars of the device.