Election Petition Number 2 of 2017 Rashid Juma Bedzimba Vs Ali Menza Mbogo & IEBC

Dr. Wamuti Ndegwa defended Hon. Ali Menza Mbogo the Member of Parliament for Kisauni Constituency in a petition seeking to nullify his win in the 2018 Parliamentary Elections.

Dr. Ndegwa argued that,

  1. The documents printed out from electronic gadgets including mobile phones and  computers must be accompanied by a valid certificate of print-out  as required by section  106 B of the Evidence Act.
  2. Further, that the person who printed must be called as the witness in person or affidavit to produce the certificate as evidence. 
  3. Finally, that the document purporting to be the certificate must satisfy the conditions set by s. 106 B of the Evidence Act includes,
    1. Identifying the electronic record.
    2. Particulars of the computer or devise in which the record was stored.
    3. Describing the manner in which record was printed out.
    4. Affirming that the person who stored the material stored when he had lawful control over the computer of devise.
    5. The information was fed into the computer or electronic device in the ordinary course.
    6. During storing and printing out, the computer or electronic devise was operating properly or in a way that does not affect the accuracy of the record if the electronic devise was not operating properly.

    The Court agreed with Dr. Ndegwa and made an order striking out the video records, photographs, and print-outs of Face Book pages.

    Ruling delivered on December 6, 2017 and reported in http:www.kenyalaw.org at (2017) eKLR.


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