Advance Access Articles - Volume 18 : 2021


Advance article 4:

In its provision for the admissibility of electronic evidence, the Kenyan Evidence Act includes two apparently conflicting provisions. Under section 106B, the Evidence Act prescribes conditions for admissibility, and uses the concept of a certificate as a means of proof of authenticity. On the other hand, under section 78A, electronic evidence is admissible, with no mention of the use of a certificate. There has been conflicting jurisprudence as a result. This paper proposes that section 106B ought to be repealed to give way to the section 78A presumption of admissibility due to numerous issues associated with the certificate.

Index words: Kenya; Evidence Act; conditions for admissibility; electronic evidence; conflicting jurisprudence; Commonwealth Model Law on Electronic Evidence

Advance article 3:

Brake systems fitted to current production vehicles are not the relativity straightforward hydraulic systems that many people expect. Rather they have evolved into complex systems which are on their own deliberately capable of affecting the behaviour of a vehicle. Crucially they depend on computers, software and electronic sensors to allow them to form a model of how the vehicle is expected to behave on the road and how it is actually behaving. Like any artefact they can, and do fail. This paper provides a high-level overview of the braking systems currently in place, how these systems act and present some examples of how they have failed in practice.

Index words: vehicles; vehicle electronics; electronic control; software; brake systems; failure modes