[2009] Evidence Cap 80 43 (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any matters to which conditions mentioned in sub-section (2) relate; and (d) purporting to be signed by a person occupying a responsible position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate), shall be evidence of any matter stated in the certificate and for the purpose of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge of the person stating it. (5) For the purpose of this section, information is supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of an appropriate equipment, whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purpose of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities. 106C. Except in the case of a secure signature, if the electronic Proof as to a signature of any subscriber is alleged to have been affixed to an electronic signature. electronic record, then the fact that such an electronic signature is the electronic signature of the subscriber must be proved. 106D. In order to ascertain whether an electronic signature is Proof as to the that of the person by whom it purports to have been affixed, the court verification of electronic signature. may direct:(a) that person or the certification service provider to produce the electronic signature certificate; or (b) any other person to apply the procedure listed in the electronic signature certificate and verify the electronic signature purported to have been affixed by that person. 106E. A court shall take recognizance of every electronic record Presumption as to purporting to be the official Gazette, or purporting to be electronic record Gazette in electronic directed by any law to be kept by any person, if such electronic record form. is kept substantially in the form required by law and is produced from its proper custody. www.kenyalaw.org