Assessment of Admissibility and Authentication of Electronic Evidence in Mainland, Tanzania.

Masele, Daudi (2025) Assessment of Admissibility and Authentication of Electronic Evidence in Mainland, Tanzania. Doctoral thesis, The Open University of Tanzania.

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Abstract

This thesis assesses the admissibility and authenticity of electronic evidence in Mainland Tanzania. As indicated in the statement of the problem ,it appears that the electronic documents routinely admitted as evidence attracted challenges and shortcomings in its applications. Such shortcomings inevitably make the existing regulations on electronic evidence to be ineffective Particular on the the current rules and case laws , the reviewed law cases decided after the enactment of the Electronic Transactions Act,2015 which revealed to have shrouded with many uncertainties regarding evidentiary issues of electronic evidence, the cases with the same facts yielded different outcomes and verdicts. The findings of this study revealed that the concerns includes absence of standard and comprehensive rules of evidence to regulate the electronically and computer-generated evidence. The methodology of data collection deployed in this study is predominantly by doctrinal and documentary review with support of comperative analysis supported this study. This study examines literature review from different authors who shedlighted light on the this study. However, , the reviewed regional and international instruments for comperative purpose from other legal jurisdictions . These regional and international instruments indicates that ICT has introduced new legal challenges to the court. The sources of these difficulties are because of legal systems does not developing at the same pace as technology does . The existing evidence rules characterized by ‘regulate and forget approach and there is no “one-size-fits-all legal systems in terms of all applications of electronic. Finally, this study put a conclusion and recommendations on how to minimize or resolve legal challenges on electronic evidence in mainland , Tanzania. Keywords: Admissibility, authenticity, electronic evidence, Tanzania

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