Nairobi, Sept. 21 -- The Evidence Act was amended some time back to allow for the production of digital and electronic evidence. A lot of evidence is now collected digitally as most of day to day interactions are digital by nature. Section 78 and 106 of the Evidence Act allow for digital and electronic evidence to be presented in court provided that the same meets some requisite thresholds set out in the Act.
Data privacy on the other hand is one of the rights provided in the 2010 Constitution. According to Article 31 of the Constitution, a person's personal communication should not be infringed and their personal property should not be seized or possessed.
One challenge that investigators and litigators face when seeking to introduce dig...