28 Evidence Cap 80 [2009] or images embodied in such micro-film; or (b) a facsimile copy of a document or an image of a document derived or captured from the original document; or (c) a statement contained in a document and included in printed material produced by a computer (hereinafter referred to as a “computer print-out”) shall, if the conditions stipulated in subsection (6) of this section are satisfied, be deemed to also be a document for the purposes of this Act and shall be admissible in any proceedings without further proof of production of the original, as evidence of any contents of the original or of any facts stated therein of which direct evidence would be admissible. (6) The conditions referred to in subsection (5) in respect of a computer print-out shall be the following, namely(a) the computer print-out containing the statement must have been produced by the computer during the period in which the computer was regularly used to store or process information for the purposes of any activities regularly carried on over that period by a person having lawful control over the use of the computer; (b) the computer was, during the period to which the proceedings relate, used in the ordinary course of business regularly and was supplied with information of the kind contained in the document or of the kind from which the information so contained is derived; (c) the computer was operating properly or, if not, that any respect in which it was not operating properly was not such as to affect the production of the document or the accuracy of its content; (d) the information contained in the statement reproduces or is derived from information supplied to the computer in the ordinary course of business. (7) Where, over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in paragraph (a) of subsection (6) was regularly performed by computers, whether (a) by a combination of computers operating over that period; www.kenyalaw.org

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