Stakeholder Consultation on Handling of Digital Evidence in Kenya (CSEA Context)

We are excited to share our participation in the recent Stakeholder Consultation on Handling of Digital Evidence in Kenya convened by the National Council on Justice Administration of Justice - NCAJ Secretariate and supported by UNICEF, focused on tackling Child Sexual Exploitation and Abuse (CSEA). This two-day event brought together key players from government agencies, law enforcement, tech companies, local and international experts to discuss evidence handling and challenges in the digital space.

Social Media Agencies' Approach Representatives from Meta, Sylvia Msalagani and Steph McCourt from the United States Department of Justice, outlined their structured process for handling digital evidence requests from Kenyan authorities. Meta processes requests in three main categories: preservation, records, and emergency requests. They emphasized that all information shared complies with their policies and legal requirements, underscoring the company's role in facilitating lawful investigations while protecting user privacy.

Communications Authority of Kenya's Perspective The Communications Authority of Kenya's KE-CIRT division highlighted the challenges of accessing and managing encrypted data in CSEA cases. They stressed the need for increased public awareness and resources to support forensic investigations.

Insights from the Directorate of Criminal Investigations (DCI) Detective Lawrence Okoth from the DCI shared the legal and technological hurdles faced by law enforcement when investigating cross-border cases involving online crimes against children. He called for improved capacity and standard operating procedures to effectively handle digital evidence.

Mr. Jackson Cheboi the regional Specialised officer from INTERPOL, made a presentation on how they work with various countries to support handling of digital evidence through mutual legal assistance.

Further to this, Mr. Steve Britton from the Federal Bureau Investigation (FBI) Violent Crimes Against Children International Taskforce, Australian Police also showcased the digital evidence management system and highlighted how they use pre-recorded interviews in investigations.

Prosecutorial and Judicial Perspectives Ms. Linda Ndambiri from the Office of the Director of Public Prosecutions - (ODDP), discussed the critical role of prosecutors in ensuring digital evidence is collected and presented legally in court. Meanwhile, Hon. Tanui from the judiciary addressed the complications of admissibility, especially concerning electronic documents and the hearsay rule.

Best Practices and International Perspectives International experts from the U.S. shared their comprehensive approach to digital evidence handling, emphasising collaboration between prosecutors and investigators, and the importance of victim advocate services.

As COP industry players, Eveminet got to share our experiences during the course of our work and interactions with children and their eco-system stakeholders and represented by our CEO Evelyn Kasina and DBM Hilda Chebet there was lots of learning and unlearning and empowerment in the process and participation Child Online Protection.

This event underscored the collective efforts needed across sectors to combat CSEA, and we look forward to continuing our role in driving digital safety and well-being in Kenya.

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