44 Evidence Cap 80 [2009] Presumption as to electronic agreements. 106F. A court shall presume that every electronic record purporting to be an agreement containing the electronic signatures of the parties was concluded by affixing the digital signature of the parties. Presumption as to electronic records and electronic signatures. 106G. (1) In any proceedings involving a secure electronic record, the court shall presume, unless the contrary is proved, that the secure electronic record has not been altered since the specific point of time the secure electronic signature was affixed. (2) In any proceedings involving secure electronic signature, the court shall presume, unless the contrary is proved, that the secure signature is affixed by the subscriber with the intention of signing or approving the electronic record; (3) except in the case of a secure electronic or a secure digital signature, nothing in this section shall create any presumption relating to authenticity and integrity of the electronic record or any digital signature. Presumption as to electronic signature certificates. Presumption as to electronic messages. 106H. A court shall presume, unless the contrary is proved, that the information listed in an electronic signature certificate is correct, except for information, which has not been verified, if the certificate was accepted by the subscriber. 106I. A court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission, but the court shall not make any presumption as to the person by whom such a message was sent. CHAPTER IV - PRODUCTION AND EFFECT OF EVIDENCE Part 1 - Burden of Proof Burden of proof. 107. (1) Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist. (2) When a person is bound to prove the existence of any fact it is said that the burden of proof lies on that person. Incidence of burden. 108. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. www.kenyalaw.org