It is not in contention that Kenya’s digital laws have undergone drastic reformation. Worth noting is the Data Protection Act which was passed in 2019. The recent changes in Kenya’s digital and ICT laws have also found prominence in courtrooms where electronic and digital evidence is allowable in certain circumstances.
It would have been a miscarriage of justice to disallow electronic and digital evidence as part of admissible evidence. Kenya has a remarkable Internet penetration rate of roughly 90 percent. Almost every computer literate adult has a web presence and is likely to have e-mails and social media pages.
