Mwangi v Obegi (Environment and Land Case Civil Suit E184 of 2025) [2026] KEELC 4102 (KLR) (25 June 2026) (Ruling) Neutral citation: [2026] KEELC 4102 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT AND LAND CASE CIVIL SUIT E184 OF 2025 TW MURIGI, J JUNE 25, 2026 BETWEEN FRANCIS NJOROGE MWANGI .............................................................. PLAINTIFF AND DARIUS OMAI OBEGI .......................................................................... DEFENDANT RULING 1. The Defendant objected to the production of the photographs the Plaintifi sought to produce, arguing that they are not accompanied by a certificate as required under Section 106B of the Evidence Act. The Plaintifi countered the objection, contending that the issue should have been raised during the pretrial stage when the parties exchanged and filed their respective documents. 2. Having considered the objection and the submissions made by the parties, the issue for determination is whether the photographs are admissible in evidence without a certificate under Section 106B of the Evidence Act. 3. The fact that a document has been filed and exchanged during the pre-trial stage does not in itself render the document admissible as evidence. The issue of admissibility is determined at the stage when the document is formally produced as an exhibit. It follows that a party is entitled to object to the production of a document at the time it is tendered in evidence, notwithstanding that the document had been filed and served earlier. 4. Section 106B of the Evidence Act outlines the conditions under which electronic records may be admitted. When a party seeks to rely on electronic evidence, compliance with the requirements of the section is mandatory unless the evidence falls within a recognised exception. 5. The photographs sought to be produced have not been accompanied by the requisite certificate, nor has any basis been laid for exemption from the statutory requirement. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4102/eng@2026-06-25 1
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6. In the circumstances, I find merit in the objection. The photographs are inadmissible as evidence due to non-compliance with Section 106B of the Evidence Act. The objection is upheld. The photographs shall not be admitted unless and until the necessary requirements are satisfied. RULING SIGNED, DATED, AND DELIVERED VIA MICROSOFT TEAMS THIS 25TH DAY OF JUNE, 2026. ………………………… HON. T. MURIGI JUDGE IN THE PRESENCE OF: Ms Kabaila for the Plaintifi Ondieki for the Defendant Vena-Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4102/eng@2026-06-25 2
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