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ELCOtherNot stated in the judgment· [2026] KEELC 4102 (KLR)

Mwangi v Obegi (Environment and Land Case Civil Suit E184 of 2025) [2026] KEELC 4102 (KLR)

High Court of Kenya
25 June 2026
TMT. Murigi
319 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court ruled photographs can't be used as evidence in court unless they come with the certificate required by Section 106B of the Evidence Act.

What this practically means

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Executive summary

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This is an interlocutory ruling on the admissibility of photographs sought to be produced by the Plaintiff. The Defendant objected on the ground that the photographs were not accompanied by a certificate as required under Section 106B of the Evidence Act. The Plaintiff countered that the objection was out of time and should have been raised at the pre-trial stage when the parties exchanged documents. The court framed a single issue: whether the photographs are admissible without a Section 106B certificate. It held that filing and exchange of a document at pre-trial does not make it admissible; admissibility is determined when the document is formally tendered, and a party is entitled to object at that point notwithstanding earlier filing and service. On the substantive point, the court held that compliance with Section 106B is mandatory for electronic evidence unless a recognised exception applies. Since the photographs were not accompanied by the requisite certificate and no basis for exemption was laid, the court found merit in the objection, upheld it, and ruled the photographs inadmissible, but left the door open: they may be admitted once the necessary requirements are satisfied. The ruling was signed, dated and delivered virtually via Microsoft Teams on 25 June 2026 by Hon. T. Murigi, Judge, with Ms Kabaila appearing for the Plaintiff and Ondieki for the Defendant.

Key legal issues

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01

Whether objections to admissibility are waived if not raised at the pre-trial stage

Holding

No - a party may object when the document is tendered in evidence

Reasoning

The court held that filing and exchange of documents during pre-trial does not by itself make them admissible. Admissibility is determined at production, so a party retains the right to object at tender notwithstanding earlier filing and service.

p. 1
02

Admissibility of photographs (electronic records) without a Section 106B certificate

Holding

Inadmissible absent a certificate or a recognised exception

Reasoning

Section 106B sets out conditions for admitting electronic records. The photographs were not accompanied by the requisite certificate and no basis for exemption was laid, so the objection was upheld.

p. 1

Legal principles established

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  • Filing and exchange of documents at pre-trial does not render them admissible; admissibility is determined when the document is formally produced, and a party may object at that point
  • Compliance with Section 106B of the Evidence Act is mandatory for electronic evidence unless a recognised exception applies

Court orders

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  1. 1.The objection to production of the photographs is upheld
  2. 2.The photographs shall not be admitted unless and until the necessary requirements under Section 106B of the Evidence Act are satisfied

Authorities

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Legislation

  • Evidence ActSection 106B
Jurisdiction invoked
Original civil jurisdiction (specific provision not stated in the ruling)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mwangi v Obegi (Environment and Land Case Civil Suit E184 of 2025) [2026] KEELC 4102 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4102/eng@2026-06-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.