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ELCPartially AllowedNot stated in the judgment

Mugania & 3 others (Suing as the Legal Representatives of the Estate of Jeremiah Mungania Ayub - Deceased) & 2 others v Meru County Government & 3 others (Environment and Land Case E008 of 2020) [2026] KEELC 117 (KLR)

Environment and Land Court
19 January 2026
615 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed WhatsApp messages received in a group chat can be used as court evidence, but only with a certificate under Section 106B of the Evidence Act.

What this practically means

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Executive summary

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This interlocutory ruling of the Environment and Land Court at Meru (B M Eboso, ELC Judge, dated 19 January 2026) determines an objection raised on 15 October 2025 by the 2nd and 3rd defendants against the production of certain WhatsApp messages by a plaintiffs' witness. The 2nd defendant, through Mr Muriuki, argued generally under the Data Protection Act that the messages were private data and that the uncertified printouts of unknown source were inadmissible under the Evidence Act. The 3rd defendant, through Mr Gikunda Anampiu, supported the objection on similar grounds. Counsel for the plaintiffs, Mr Nyaga, responded that the messages had been listed and subjected to pre-trial under Order 11 of the Civil Procedure Rules without objection, that no notice of objection was filed, that the objections cited no specific legal provision, and that Section 106B of the Evidence Act does not apply to civil suits. The court held that the objection should have been raised at pre-trial; that the plaintiffs' witness, being a member and recipient of the Group WhatsApp Wall, could not be blocked from producing messages he received; and that no specific provision of the Data Protection Act or Evidence Act prevented a group member from tendering another member's post. However, the court rejected the plaintiffs' contention that Section 106B does not apply to civil proceedings, holding that it applies to both criminal and civil proceedings. The court ruled the WhatsApp messages admissible as part of the witness's evidence subject to compliance with Section 106B by attaching a relevant certificate. No costs order was made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether WhatsApp messages received by a member of a Group WhatsApp Wall are admissible in evidence over objections based on the Data Protection Act and the Evidence Act
  2. 2.Whether Section 106B of the Evidence Act applies to civil proceedings and requires a certificate for electronic messages

Key legal issues

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Admissibility of WhatsApp messages objected to under the Data Protection Act and on grounds of unknown authors and uncertified printouts

Holding

A recipient of messages posted on a Group WhatsApp Wall may tender them in evidence; general objections citing no specific provision of the Data Protection Act or Evidence Act fail, and the objection should have been raised during pre-trial

Reasoning

The objectors relied on the Data Protection Act and the Evidence Act in general terms without citing any specific section. The plaintiffs' witness was a member of the Group WhatsApp Wall and received the messages, so as a recipient he could not be blocked from producing them. No provision was cited preventing a group member from tendering another member's post. The objection also came too late, having not been raised at pre-trial despite Order 11 procedures.

p. 2
02

Whether certification under Section 106B of the Evidence Act is required for WhatsApp messages in a civil suit

Holding

Yes; Section 106B applies to both criminal and civil proceedings, and the printed WhatsApp messages must be accompanied by a relevant certificate to be admitted

Reasoning

Counsel for the plaintiffs argued that there was no mandatory certification requirement in civil suits and that Section 106B did not apply to civil proceedings. The court rejected this, holding that the section applies equally to criminal and civil proceedings. Admissibility is therefore conditional on attaching a certificate to the printed messages as required by the section.

p. 2

Legal principles established

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  • A member and recipient of a Group WhatsApp Wall cannot be blocked from producing messages that he received
  • Section 106B of the Evidence Act applies to both criminal and civil proceedings, and electronic messages require a certificate to be admitted

Court orders

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  1. 1.Objection to production of the WhatsApp messages overruled; the messages are admissible as part of PW3's evidence subject to compliance with Section 106B of the Evidence Act by attaching a relevant certificate

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court (specific provision not cited in the judgment)

Relief refused

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Plaintiffs' position that Section 106B of the Evidence Act does not apply to civil proceedings and that no certificate is required

The court held that Section 106B applies to both criminal and civil proceedings, so the certificate requirement must be met

p. 2

Costs

No order on costs made in the judgment

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the end, the finding of the court on the objection is that subject to compliance with Section 106B of the Evidence Act, the WhatsApp messages are admissible as part of PW3’s evidence.
p. 2Final orders - conditional admissibility of WhatsApp messages
Section 106B of the Evidence Act applies to both criminal and civil proceedings.
p. 2Scope of Section 106B certification requirement
As one of the recipients, he cannot be blocked from producing the WhatsApp messages that he received.
p. 2Right of a group member to produce received messages

Issues in the judgment

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minor

The judgment refers to both PW2 and PW3 in connection with Muthomi Mungania and the WhatsApp messages, creating inconsistency as to the witness number

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, "Mugania & 3 others (Suing as the Legal Representatives of the Estate of Jeremiah Mungania Ayub - Deceased) & 2 others v Meru County Government & 3 others (Environment and Land Case E008 of 2020) [2026] KEELC 117 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/117/eng@2026-01-19

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