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Petro Oil Kenya Limited v National Police Service Commission & 2 others [2018] KEELC 4129 (KLR)

[2018] KEELC 4129 (KLR) Environment & Land Court
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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

  1. admissibility of video footage evidence
  2. 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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