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
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