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

Section 106B(4) Certificate of Electronic Evidence: WhatsApp Voice Notes & Audio Recordings

Device specifications and statutory certificate template for producing WhatsApp Voice Notes & Audio Recordings in Kenyan courts.

Device Specification

Section 106B(2) Compliance

Smartphone Voice Recorder & WhatsApp Messenger Audio Storage + Transcription Workstation

Electronic Records Covered

Verified Annexures

Audio recording files (.opus / .mp3) on USB flash drive and verbatim certified transcript of WhatsApp voice notes.

Admissibility Standard

Signed Under Section 106B(4)

Prevents preliminary objections against digital printouts and electronic exhibits.

Statutory Section 106B(4) Certificate Template: WhatsApp Voice Notes & Audio Recordings

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: Smartphone Voice Recorder & WhatsApp Messenger Audio Storage + Transcription Workstation. 2. The electronic records annexed hereto comprise: Audio recording files (.opus / .mp3) on USB flash drive and verbatim certified transcript of WhatsApp voice notes. 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 WhatsApp Voice Notes & Audio Recordings to an affidavit in Kenya?

Yes. Under Section 106B(4) of the Evidence Act (Cap 80), computer printouts and electronic exports of WhatsApp Voice Notes & Audio Recordings must be accompanied by a certificate identifying the device (Smartphone Voice Recorder & WhatsApp Messenger Audio Storage + Transcription Workstation) and confirming its proper operation.

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