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Is secretly recording a phone call legal, and can it be used in court?

Evidence Act, Computer Misuse and Cybercrimes Act, 2018 and Constitution of Kenya · sources read 4 Oct 2026

Tapping into other people's calls or messages without authorisation is a crime. The laws here don't say directly whether you can record a conversation you're part of. A recording can be used in court as electronic evidence, but a court must exclude evidence got by breaking a right, like privacy of communications, if using it would make the trial unfair or harm justice.

Where
The court handling your case; to report illegal interception, any police station or DCI office (toll-free 0800 722 203)
Read the law

Steps

  1. To rely on a recording in court, produce it with a certificate that identifies the recording, describes how it was made and the device used, signed by a responsible person.
  2. If a recording made by breaching your rights is used against you, ask the court to exclude it.
  3. Report illegal interception of your calls or messages at any police station or DCI office.

Watch out

  • Intercepting calls or messages without authorisation can lead to a fine of up to KSh 10 million, up to 5 years in jail, or both.
  • In a 2021 case from a divorce dispute, the High Court refused recorded phone conversations as breaching privacy of communications.
  • Courts can cut out the private parts of a recording and still admit the rest, and decide admissibility at the trial.

Who this covers

  • Anyone in a court case: electronic messages and digital material, such as recordings, can be used as evidence.
Official sources (7)
  1. Evidence Act (Cap. 80) new.kenyalaw.org · read 3 Oct 2026
  2. Computer Misuse and Cybercrimes Act, 2018 (No. 5 of 2018) new.kenyalaw.org · read 3 Oct 2026
  3. Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
  4. RC v KKR [2021] KEHC 12803 (KLR), High Court at Nairobi, Constitutional and Human Rights Division (Mrima J) new.kenyalaw.org · read 3 Oct 2026
  5. Adan v Premier Bank Kenya (Cause E455 of 2024) [2025] KEELRC 613 (KLR), Ruling of 28 February 2025 (Nzei J) new.kenyalaw.org · read 3 Oct 2026
  6. Public Complaints dci.go.ke · read 3 Oct 2026
  7. Computer Misuse and Cybercrimes (Amendment) Act, 2025 (No. 17 of 2025), Kenya Gazette Supplement No. 170 (Acts No. 17) parliament.go.ke · read 4 Oct 2026

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