Petro Oil Kenya Limited v National Police Service Commission & 2 others [2018] KEELC 4129 (KLR)
- Court
- Environment & Land Court
- Case number
- 4129
- Citation
- [2018] KEELC 4129 (KLR)
- Decided
- 15 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a decision of the Environment and Land CourtCoramL. KOMINGOI
Holding
The compact disk containing the video footage is inadmissible and is expunged from the court record.
Facts
Petro Oil Kenya Limited filed a lawsuit against the National Police Service Commission and the Officer in Charge of Tonokha Admin Police Camp, alleging trespassing and damage to property. The defendants submitted a compact disk containing a video footage, but it was excluded due to lack of authentication.
Issues
- admissibility of video footage evidence
- authentication of evidence
Reasoning
The court found the compact disk inadmissible due to the lack of a certificate of authentication as required by Section 106B of the Evidence Act, and the originator of the disk was not established.
Outcome
The compact disk was excluded from the court record.
Orders
- The compact disk is expunged from the court record.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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