[2009] Evidence 65 Cap 80 11. The master recording or the signed confession statement Safety of recorded shall be kept securely and their movements accounted for on the same confession. basis as material which may be used for evidential purposes, as further elaborated in the Force standing orders issued under section 5 of the Cap. 84. Police Act. 12. Where an accused person is arrested outside of the geographical Accused person boundaries of Kenya for the purpose of being arraigned in a Kenyan arrested outside court, and, prior to arrival in Kenya, the accused person opts to record Kenya. a confession – (a) the arresting authority shall record the confession if the governing procedures for obtaining of confessions in the arresting jurisdiction are in substantial compliance with these Rules; and (b) the trial court shall be the final determining judicial body to adjudicate on the admissibility of the confession so obtained. 13. The recording officer, having informed himself of section 26 Recording officer to of the Act, shall be the proper prosecution witness to prove to the court be a witness. beyond reasonable doubt that the Rules were complied with. 14. The recording officer shall certify, in writing, that a confession Certification by was not obtained as a result of any inducement, threat or promise having recording officer. reference to the charge against the accused person. 15. These Rules shall be translated and published in Kiswahili Language of publication. in addition to the official copy published in English. Made the 6th March, 2009 S.A. WAKO, Attorney-General. www.kenyalaw.org