Skip to main content

Posts

The Data Protection Act, 2019.

The Data Protection Act, 2019 is the law that governs the collection, use, storage, and processing of personal data in Kenya. The Act aims to protect the privacy and personal data of individuals and regulate the handling of such data by both public and private entities. Under the Data Protection Act, personal data is defined as any information relating to an identified or identifiable individual. This includes information such as a person's name, address, phone number, email address, date of birth, ID number, and any other information that can be used to identify a person. The Act establishes the office of the Data Protection Commissioner, which is responsible for overseeing and enforcing compliance with the Act. The Commissioner has the power to investigate and impose penalties on entities that violate the provisions of the Act. The Act requires entities to obtain the consent of individuals before collecting their personal data, and to use such data only for the purposes for which...

Best Practices for Conducting Interviews During Investigation.

Effective interviewing is a critical part of any investigation. Here are some best practices to follow when conducting interviews during an investigation: Prepare thoroughly: Before conducting an interview, review all available information related to the investigation. Develop a list of questions to ask the interviewee, and consider how you will approach sensitive or potentially confrontational topics. Establish rapport: Building rapport with the interviewee can help create a more relaxed and productive environment. Start the interview with some small talk to establish a connection, and demonstrate that you are empathetic to their situation. Use open-ended questions: Use open-ended questions that encourage the interviewee to provide detailed answers rather than yes/no responses. Avoid leading questions that might suggest a particular answer. Listen actively: Listening actively involves paying attention to the interviewee's responses, asking follow-up questions, and demonstrating em...

Forensics Softwares.

 Forensic software is a type of computer program designed to aid in the investigation and analysis of digital evidence. There are many different types of forensic software available, each with its own specific features and capabilities. Some of the most popular forensic software tools include: EnCase: EnCase is a popular digital forensics tool that is widely used by law enforcement agencies, government organizations, and corporate investigators. It allows users to search, analyze, and collect evidence from a wide range of devices, including computers, smartphones, and tablets. FTK (Forensic Toolkit): FTK is another widely used forensic software tool that is often used by law enforcement and corporate investigators. It allows users to conduct comprehensive forensic investigations of digital evidence, including hard drives, network traffic, and mobile devices. Autopsy: Autopsy is an open-source digital forensics tool that is used by both law enforcement and corporate investigators. I...

Hearsay.

Hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted. In other words, hearsay is second-hand information that is being presented in court to prove that what was said is true. Hearsay is generally not admissible as evidence in court because it is considered unreliable, as the original speaker is not present to be cross-examined. There are some exceptions to the hearsay rule, such as when the statement falls under a recognized hearsay exception. Examples of recognized hearsay exceptions include statements made by a person who is now unavailable to testify, such as a dying declaration, or statements made by an opposing party, such as an admission against interest. The admissibility of hearsay evidence is determined by the judge, who must evaluate whether the evidence falls under a recognized exception to the hearsay rule and whether its probative value outweighs its potential prejudicial effect. The hearsay rule is an important principle in the l...

Setting Up an Investigation Department within a Company.

Setting up an investigation department in a company requires careful planning and consideration. Here are some steps to follow: Define the purpose and scope of the investigation department: Determine what types of investigations the department will handle, such as fraud, theft, harassment, or other workplace issues. Identify the potential risks and threats to the company that the department will address. Develop policies and procedures: Establish policies and procedures for how investigations will be conducted, including the types of evidence that will be collected, how interviews will be conducted, and how the investigation will be documented. Identify the resources needed: Determine the staff, equipment, and software needed for the department to operate effectively. Consider whether to hire internal investigators or outsource the work to a third-party investigation firm. Train investigators: Provide comprehensive training to investigators, including best practices for conducting inte...

Forensic Image.

A forensic image, also known as a disk image or a bit-by-bit copy, is a complete and exact copy of the contents of a digital storage device, such as a hard drive, solid-state drive, USB drive, or memory card. A forensic image is created using specialized software, such as dd or FTK Imager, that copies every bit of data from the source drive to a destination drive or file. Forensic imaging is a critical technique used in digital forensics for preserving and analyzing digital evidence. When a digital storage device is imaged, the original data is preserved, and a copy is made that can be analyzed without altering the original data. This ensures that the integrity of the original data is maintained, and that the forensic analysis is conducted in a transparent and reproducible manner. Forensic images can be used for a wide range of forensic analysis techniques, including: Recovery of deleted files and folders that may exist in the unallocated disk space. Analysis of system files, such as r...

The Best Evidence Rule.

The Best Evidence Rule is a legal principle that requires the introduction of the original, or best available, evidence in order to prove the contents of a document or record. Under this rule, secondary evidence, such as a copy or a recollection of the contents of a document, is generally not admissible unless the original document is unavailable. The purpose of the Best Evidence Rule is to ensure the accuracy and authenticity of evidence presented in court. It is based on the idea that the best evidence of the contents of a document is the document itself, rather than a copy or a person's recollection of its contents. There are some exceptions to the Best Evidence Rule, such as when the original document has been lost or destroyed, or when it is not practical or possible to produce the original document. In these cases, secondary evidence, such as a copy, may be admissible if certain conditions are met. The Best Evidence Rule is an important principle in the law of evidence, as it...