WILLIAM ODHIAMBO ODUOL v INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & 2 others [2013] eKLR
AND
IN THE MATTER OF THE ELECTION FOR GOVERNOR OF SIAYA COUNTY
WILLIAM ODHIAMBO ODUOL
….................................................................................................PETITIONER
VERSUS
THE INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION.............................1ST
RESPONDENT
BENSON MUGATSIA..........................................................................................................2ND
RESPONDENT
CORNEL RASANGA AMOTH …........................................................................................3RD
RESPONDENT
RULING
Section 106A of the Evidence Act (Cap 80) provides that the contents of electronic records may be
proved in accordance with the provisions of section 106B. Section 106B deals with the admissibility of
electronic records in the following terms:
“106B (1) Notwithstanding, anything contained in this Act, any information contained in an
electronic record which is printed on a paper, stored, recorded or copied on optical or electro-magnetic
media produced by a computer (herein referred to as a computer output) shall be deemed to be also a
document, if the conditions mentioned in this section are satisfied in relation to the information and
computer in question and shall be admissible in any proceedings, without further proof or production of
the original, as evidence of any contents of the original or of any fact stated
therein where direct
evidence would be admissible.”
The conditions to be satisfied are provided in sub-section (2) as follows:
a)
the computer output containing the information was produced by the computer during the period
over which the computer was used to store or process information for any activities regularly carried out
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