64 Evidence Cap 80 [2009] accused person, preferably on electronic media; and (b) the recording shall be in the open. (3) In the event of failure of the electronic recording media, the recording officer may – (a) opt to replace the equipment and record the failure upon the resumption of the confession session; or (b) record in writing. (4) Upon electronic recording, the first recording which shall be the master recording, shall be marked with a reference number and sealed in the accused person’s presence while a second recording will be used as a working copy by the prosecuting authority during the period of exercise of prosecutorial discretion. (5) The recording officer shall produce the master electronic record to the court and may be requested by the court to prove its authenticity. (6) A copy of the recording shall be given to the accused person, upon request. Confession recorded in writing. 7. Where the confession is to be recorded in writing, the recording officer shall inform the accused person of his option to write his own statement in his preferred language or to have the recording officer record it. Clarification of confessions by accused person. 8. At the conclusion of the recording, the accused person shall be offered the opportunity to clarify anything he has said and to add anything he may wish. Certificate of confession. 9. The recording officer shall ensure that the written confession or electronic recording media contains the following certificate at the end of the confession, in the original language of the accused person: “I have read the above statement and I have been told that I can correct, alter or add anything I wish. The statement is true. I have made it of my own free will.” Confession not recorded in English or Kiswahili. 10. In the case of a confession not recorded in English or Kiswahili, the recording officer shall ensure that it is translated into English or Kiswahili. www.kenyalaw.org