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

Section 106B(4) Certificate of Electronic Evidence: SMS Text Messages & Bulk SMS Gateway Delivery Logs

Device specifications and statutory certificate template for producing SMS Text Messages & Bulk SMS Gateway Delivery Logs in Kenyan courts.

Device Specification

Section 106B(2) Compliance

Mobile Handset & Bulk SMS Aggregator Gateway Portal

Electronic Records Covered

Verified Annexures

Printed SMS message threads and gateway delivery status logs.

Admissibility Standard

Signed Under Section 106B(4)

Prevents preliminary objections against digital printouts and electronic exhibits.

Statutory Section 106B(4) Certificate Template: SMS Text Messages & Bulk SMS Gateway Delivery Logs

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: Mobile Handset & Bulk SMS Aggregator Gateway Portal. 2. The electronic records annexed hereto comprise: Printed SMS message threads and gateway delivery status logs. 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 SMS Text Messages & Bulk SMS Gateway Delivery Logs to an affidavit in Kenya?

Yes. Under Section 106B(4) of the Evidence Act (Cap 80), computer printouts and electronic exports of SMS Text Messages & Bulk SMS Gateway Delivery Logs must be accompanied by a certificate identifying the device (Mobile Handset & Bulk SMS Aggregator Gateway Portal) and confirming its proper operation.

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