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⚖ Section 106B(4) Cap 80 Evidence Act (Cap 80) Sections 78A & 106B

Section 106B(4) Certificate of Electronic Evidence: Election Petition KIEMS Logs, Polling Station Forms & Tallying Spreadsheets

Device specifications and statutory certificate template for producing Election Petition KIEMS Logs, Polling Station Forms & Tallying Spreadsheets in Kenyan courts.

Device Specification

Section 106B(2) Compliance

Electronic Voter Identification / Results Transmission System & Agent Device

Electronic Records Covered

Verified Annexures

Scanned statutory result declaration forms, polling station diary extracts, and digital tallying sheets.

Admissibility Standard

Signed Under Section 106B(4)

Prevents preliminary objections against digital printouts and electronic exhibits.

Statutory Section 106B(4) Certificate Template: Election Petition KIEMS Logs, Polling Station Forms & Tallying Spreadsheets

Evidence Act (Cap 80), Section 106B(2) & 106B(4) — Mandatory Electronic Record Admissibility Certificate:

CERTIFICATE OF ELECTRONIC EVIDENCE UNDER SECTION 106B(4) OF THE EVIDENCE ACT (CAP 80) 1. I, [NAME OF DEPONENT], confirm that I had lawful operational control over the computer/device described as: Electronic Voter Identification / Results Transmission System & Agent Device. 2. The electronic records annexed hereto comprise: Scanned statutory result declaration forms, polling station diary extracts, and digital tallying sheets. 3. Throughout the material period, the said device and system were operating properly in the ordinary course of business/activities, and no alterations or tampering occurred during extraction or printing.

Key Practice Questions

Is a Section 106B(4) certificate mandatory when annexing Election Petition KIEMS Logs, Polling Station Forms & Tallying Spreadsheets to an affidavit in Kenya?

Yes. Under Section 106B(4) of the Evidence Act (Cap 80), computer printouts and electronic exports of Election Petition KIEMS Logs, Polling Station Forms & Tallying Spreadsheets must be accompanied by a certificate identifying the device (Electronic Voter Identification / Results Transmission System & Agent Device) and confirming its proper operation.

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