“My understanding of this section [Section 78A of the Evidence Act] is that it makes explicit that electronic messages are admissible as evidence in Kenya provided that they satisfy the other requirements for such admission. This section does not obviate the need for establishing the relevance of the proposed evidence in the same way it does not excuse the need for authentication of the proposed evidence. This section is also helpful in codifying the factors to be taken into account in assessing the weight to be given to an authenticated and admitted electronic message.” – Ngugi J. at para 45.
In a recent ruling in the case of Republic v Mark Lloyd Steveson  eKLR, the High Court had to determine whether digital/electronic evidence in the form of an e-mail dated March 9th 2011 together with its attachment were properly excluded by the lower court as inadmissible for lack of authentication. In brief, an Australian man was arraigned in Kiambu Chief Magistrate’s Court and charged with the offence of obtaining by false pretences the sum of $100,000 (Sh10.2 million) from several individuals.