The Section 106B Certificate: Why Every Electronic Land Record in Kenya Needs One

Kenya's land records are being digitised. Ardhisasa holds digital title information. Banks send electronic statements. Land registries issue digital search results. Court records are being converted to electronic format.

All of this digitalisation is good for access and efficiency. But it introduced a legal complication that most buyers, advocates, and SACCOs have not fully grasped.

Under Section 106B of the Kenya Evidence Act, an electronic record is not automatically admissible in court proceedings. For it to be admissible, the party relying on it must produce a certificate confirming the record's source, the process by which it was created, and the chain of custody from creation to the present.

Without this certificate, even a genuine electronic record from a real source can be ruled inadmissible by a Kenya court.

---

What Section 106B Says

Section 106B of the Evidence Act provides that a computer-generated document is admissible in evidence if it is accompanied by a certificate that:

Identifies the document and describes the manner in which it was produced.

Gives the particulars of any device involved in the production of the document.

Deals with any of the matters to which the conditions mentioned in Section 106A relate (continuity of operation, ordinary use of the system, accuracy of the output).

Is signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities.

In practice, the certificate must confirm: this record came from this system, the system was operating correctly, and this person of appropriate seniority certifies the record's authenticity.

---

Why This Matters for Kenya Property Transactions

Scenario 1: The SACCO defending an NPL charge.

A SACCO has a borrower in default and takes enforcement action. The borrower challenges the outstanding balance. The SACCO's primary evidence of the loan history and outstanding amount is in its electronic banking system.

Without a Section 106B certificate accompanying the electronic loan statements, the court may rule the records inadmissible. The SACCO then has to reconstruct its evidence from paper records, which may be incomplete or take significant time to produce.

The Ogembo v Yongo [2024] KEHC 15763 case made this concrete: the court ruled that the absence of a Section 106B certificate was fatal to the party relying on the electronic record. The evidence was excluded.

Scenario 2: The buyer trying to prove payment.

A buyer paid by M-Pesa or bank transfer. A dispute arises about whether payment was made. The buyer's M-Pesa transaction record or bank statement is an electronic record. Without a Section 106B certificate, it may not be admissible in court without additional authentication.

Scenario 3: The advocate presenting a digital title search.

An advocate presents an Ardhisasa digital search result in court proceedings. Without a Section 106B certificate confirming the record came from the Ardhisasa system and was accurate at the time of the search, the opposing party can challenge its admissibility.

---

What the Certificate Looks Like in Practice

A Section 106B certificate is typically a formal statement prepared by:

The Land Registry or Ardhisasa system administrator, for digital land records.

The bank's responsible officer, for electronic banking records.

The SACCO's records manager, for digital loan account records.

The certificate confirms:

The document attached was generated from [named system].

The system was operating correctly at the time.

The record accurately represents the data in the system.

The signatory's name, title, and signature.

For a Litmus verification report, the Section 106B certificate is included as a standard component. The report's electronic components are certified by Litmus's responsible officer, making them court-ready without additional authentication steps.

---

Who Needs to Know About This

Advocates handling property transactions. Any electronic document you intend to rely on in court proceedings, including Ardhisasa searches, digital registry records, and electronic correspondence, should be accompanied by or capable of being supported by a Section 106B certificate. Build this requirement into your matter management.

SACCO credit managers. Electronic loan records, valuation reports in digital format, and digital title search results should all have Section 106B certificates. When enforcement becomes necessary, you want your evidence to be admissible without delays.

Buyers involved in disputes. If you paid by electronic transfer and need to prove payment in court, arrange a Section 106B certificate from your bank or mobile money provider at the time of payment, not after a dispute arises.

Anyone preserving electronic records. The integrity of an electronic record at the time it is created is easier to certify than its integrity years later. Obtain Section 106B certificates for important property transaction records at the time the records are created.

---

The Litmus Solution

Every Litmus verification report includes a Section 106B Evidence Act certificate covering the electronic components of the report. This means that if any aspect of your property transaction later becomes the subject of court proceedings, the Litmus report's findings are admissible as evidence without additional authentication.

For advocates: the Litmus report plus its Section 106B certificate can be filed directly in the matter file as court-ready documentary evidence of the due diligence conducted.

Standard verification: KSh 21,500. Full field verification: KSh 25,500.

---

This article is for general information only. It does not constitute legal advice. For questions about evidence admissibility in your specific matter, consult a qualified Kenya advocate.