In criminal trials, evidence authentication requires proper documentation of evidence collection, preservation, and chain of custody to ensure admissibility. The court must verify that evidence has not been tampered with or altered, and that all handling procedures followed proper protocols. In this case, the prosecution presented CCTV footage from Central Police Station showing police officers transporting a deceased person, with forensic certification confirming the footage's authenticity and integrity. The defense challenged the evidence presentation, highlighting discrepancies between the original footage and the version shown in court, emphasizing the importance of maintaining evidence integrity throughout the legal process.
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Live : Albert Ojwang Killing Case in Court!!Evidence on How Eliud Lagat made sure Ojwang is Killed!
Added:That's all Thank you.
Please safety.
Heat. Heat.
Heat. Heat.
Heat. Heat.
Excuse me.
Hello.
Yeah.
Heat.
Heat. Heat.
This is the destination.
Amen.
Everyone Heat. Heat.
Heat. Heat.
Morning.
All right.
Everyone I miss you. Byebye.
Holy moly.
I mean, I guess I'm Sometimes you see Good morning.
Now I hear you.
Good morning.
>> Good morning.
>> Good morning.
>> Morning.
Good morning everyone. Good morning.
Brian, good morning. Which one of you?
Right. Good morning. Our friends on that side if you know. Good morning. only will be allowed.
I say that everyone thinks I'm in this I not your freedom but please know what to ask. So when people see cuz yesterday we had this and now that so you can see everyone is asking myself please know what to post out there now NTV from NVT you are buying six logs and six packets of milk for the index yesterday isn't it who has NTV >> NTV thank you very much NTV All right. Now, we going to contribute. No one else takes me videos of me unless you accredited. Please do not use.
So, let's have the prosecution team introduce themselves.
from human for Mr. We'll have Mr. Today I am here with Mr. The youngest forces I continue for the first um my good and all three for Mr. who is on record for the third accused Mr. M is present for the second black is here and appears for the fourth and the fourth accused present for the fifth and the sixth accused All right.
All right. Before we proceed, after the proceedings, I might prison allow the app persons to interact with their family members. Yes. Just ensure security. Let them speak with the advocates and their family as to how long that is up to you.
Okay. So, we call them now.
>> Yes.
is not protected. That's fine.
Let's see. I think maybe uh have a seat so that I see our court.
Now, if you do not respond to the court, I have to log out the robbery man. How may I help? Nairobi man unmute.
Nairobi man unmute.
Mr. Mr. How may I help the small Mr. small?
>> Good morning.
>> Good morning.
>> Good morning.
>> Yes. Good morning.
>> Let me see your face.
Let me see your face. What interest do you have in the You are just following the case.
>> I'm just pulling the case.
>> No worries. You have justified so we not you pony. Can I see your face? Mr. Oi or Miss Jon remove.
We don't want people to spy on our court. Remove guest advocate. Can we see your face?
He took off. Philon Rono has been following. It's a public hearing. Let them follow. Anyone who has a problem for the victims.
>> It is a public hearing. Let them follow.
>> Small. Why are you here?
Small. How may we help?
unmute some people like that.
NG NMG is that nation.
>> Yes. All right. I think let them follow.
It's okay.
>> Yeah. Unless you uncomfortable.
>> Okay. We proceed.
>> Yes.
Let's just take >> Speak up. Speak up.
You are continuing. You're reminded that we are still on proceed now.
Yesterday we saw the CCT CCTV police station and we left where the vehicle was leaving the station I to record the vehicle.
>> Yes. Yes. When the vehicle left, I remember saying that at 126, you can see no one accompanying Albert at the boot, which means then he must have dead.
>> Yes.
>> Yes. All the police officers sat at the front as well.
Now can you take us through now what transpired after Thank you my lady having followed the this vehicle for central police station we we got that uh from central police So he was taken to hospital.
Then we extended our investigations to hospital.
And this was on 16th of June 2025.
16th of 2025.
receive a letter requesting the CCTV footage by the difference.
>> Give you the date pass.
>> Date is 16.
>> 16th of what?
>> June 2025. reference >> I4 / ei / hq /1 / 2 / 22 and uh we got access to cover which were uh given to us and it was 64 4.
My lady, after we ceased the footage, we subjected we subjected to a forensic cognitive forensic investigation.
>> My friend called investigator.
Are you confirmed?
>> Yes. My name I'm going to describe the event And uh I'll start by time which the vehicle is seen arriving at hospital.
It was around 01 >> 01 035.
Mhm.
Maybe at this time the vehicle arrives at the casualty park.
My lady, three uniformed police officers.
Three uniform police officers are seen a lighting from the vehicle except for this vehicle and walk towards the casualty area.
The police officers are then observed to return to the police vehicle with a stretcher.
The police officers are subsequently captured and proceed. Yes, >> the police officers are subsequently captured placing an identified person.
H and willing it towards the casual hospital casual area.
Next, the police officers are later observed walking back to the police vehicle.
The hammock lady.
They are very captured.
Identified person.
>> They are captured.
>> They are captured in the loading.
>> Mhm. an identified person into the police vehicle before driving out of the hospital about approximately 0 to 15 hours.
Yes sir, >> my lady. Uh, having viewed that CCTV footage, I formed the following opinion that on 8th June 2025, >> yes, >> at around 01 35 hours, three police officers for this vehicle.
are observing wheeling the deceased.
Are observed wheeling the deceased towards the cap area on a stretcher.
The year later, senior return to the vehicle.
The deceased still in the stretcher.
with the deceased still on the stretcher le into the vehicle and departing at around approximately 0 to 15 hours.
My lady, it is worth noting that all this time they were proceeding to catch the area, the vehicle was unmanned.
Nobody was left to die.
My lady, now we'll be doing the the cooking.
and comparing what this is CCTV footage and what I produced yesterday was I constructed recovered footage there's a difference in that very dear Because recovery footage footage is it is like a playback of what was recorded on that by the cameras and installed in the hard drives of the computer.
We constructed covered.
We made it so that it enabled the court to appreciate the sequence of events that was very necessary to bring out what the cameras had captured in the >> my yesterday realized that you create challenges in playing the constructed come after an interference with the flow of the evidence that is already there. So this should have come later. Okay. So I will see what what I can leave and what I can leave it at the sh.
Yes. No.
This is 01 around 0.
So we are patient. Good day.
arrival of see So for the record in my notes what you will see is that the officers are moving very slow. There's no urgency. There's no urgency in that to show there is a sick person in the for agree on that side. Maybe they can clarify whether it's a normal mode or that.
>> Yes. Ask me question. Is it seriously Holy [ __ ] How long is it?
You see the officers they holding their gloves.
Please with me getting a record.
All right.
Is it >> is it I'm saying it's just a bit of a You have to let it stop even the ones that Yeah, >> we're just discussing a thing people just imagine.
There's no connection.
That's why you have more videos because you are going to This is the last one. This is the last one.
[ __ ] Okay.
Okay.
Good job.
So the head of the can mystery of his head of Okay.
>> My ladies almost over 20 minutes since the time they arrive.
So there was no I think that Why don't you let us watch my noticed that there are parts that have been jumped. So I just want to know what >> I thought we are 57 yet.
>> No 1570 seconds a >> and we have already supplied to the full canir. It's only that this is an approved version.
>> The court can confirm the records what was indicated whether he wanted us to see the approved version or we are seeing what was retrieved. Is that what did the witness test is not a recover?
>> Okay. What is the difference between retrieve and recover? Once you recover you reconstruct >> the events the sequence of events. Once you retrieve there's nothing already the footage that's in there.
Well understood >> which means that the the one he recovered he recovered because it had been deleted but now this is the real original footage.
>> That's not >> Yes. But he had to reduce it in volume for consumability by us. Yes.
>> But you have the original and the original for consumability by the court.
>> Yes. Yes.
>> The only challenge now we are having >> is this case where we are with the head of for having challenges >> whereby the parts that are in order. Do we proceed with such as it is because the media here and there could be a misination that when at certain things they observes that perhaps nothing was proceeding.
There is what we are developing. Is it not proper for them to ensure that all that is moving properly before we settle down because people are developing my >> I think they're better than us what he's saying when my lady when the central CCTV was being played and there was the not the whole of it was not played there is somewhere in the media where it has been indicated that it was firstly skipped because there was a kura s so I get what he's coming from because there are allegations that was taken to kura and everything so when they're skipping this part >> but now that is not the problem of the court I think whoever is manufacturing those you just need to expose them then we deal with them under the law which media house did that I personally didn't watch I didn't see myself probably just a bit of citizen and NGB and I think it is the helicopter which has done a bigger mess than I did. You said I did not expect you to do that. Where is my >> Did you say that was >> I citizen? I didn't see that.
>> I watch citizen. I watch NTV responsible journalist.
>> No, no, no, no. I did not see that. I watchiz. You said I don't see >> it's who >> and that's why as the media people to introduce themselves so I know you are credited you cannot make those mistakes can you the rest of the people will make it juicy that you've seen me on Tik Tok looking horrible, but I'm here still working. You will ignore because what is on record is the court record. I did not see that. Yes. And when I say I watch NTV, I watch KT and I watch Citizen. I watch helicopter. I did not see that. M where they I also saw something but nothing negative so far. I think you're doing very well. The media please uh the social media other people they can tell what they want. you can clarify this moment as an advocate I was in court and this is wrong you have yes you have the right to correct a mistake so what again I want to repeat is that if we were to sit here and watch the original footage we will not for one that's what he said especially the central police station footage that is why the court usually recommends international best practices can you shorten that footage so that people can understand who has the patience of watching everything and you know the the problem with CCTV it captures everything that is going on so he tries to bring in what is relevant to the court now Mr. black. Thank you. You are king. You are alert.
But can you have a little bit more patience? Can I donate some of my patience to you?
If you agree, I will. And that means about 10 sessions on how to exercise that patient. So we proceed.
Yeah. Proceed.
So where are we at now? We explaining that is about to 20 minutes.
>> Yes.
>> Yes.
>> When the car arrived.
>> Yes. by the time the body is removed from the police car. So my but my my take was uh there was no urgency to rush the 15 the body has been removed. It has been placed on the stretcher.
It has been covered by a white clothologist report at that time. You have to tell the conclus Hey, who's kidding me?
officers push the stretcher towards the head.
Come here.
Okay, that's place on the Can you zoom in? We see the head.
Time to see what it is.
Okay.
The vote has been removed from the has now been taken back to the police.
I just rewind and just want to cuz I noted the time when the body what I quote was taken to the cuy room was at 21106.
I'm trying to get I'm sure the exact minutes it took at the in the casualty room. I want to know the the period the times taken at the casualty before the bodies we out.
Can I be able to get that? Yeah.
The body's in at 21 2106.
Please rewind.
Oh, that's the place that's no camera. I was following it. 216.
Let's let you record.
>> Yes.
>> 159.
>> 159 being pushed to the push.
>> Then they entered our room.
Captured 211. What did you capture?
>> Anyone who was recording, >> I captured 21.
>> 211. When it enters the room where there's no camera. Yeah, my lady. The 21 when replay.
Okay. Heat. Heat.
Do another kind of Excuse me.
Please don't for this.
Now they have left now that the room >> they have left the room where it was on camera.
>> Yes.
>> Mr. say thank you.
Thank you for being here.
the stretchers. So my curious why I asked because the officers push the the stretch at 159 that's just around 2. So they were in the casualty room they're exiting at 211 just about 10 minutes.
That is what I wanted you to know.
>> At what time?
Okay.
We have finished uh returning the body from this vehicle.
Three officers back to the contra. Crossing around from 0 to 15 hours down the vehicle leaves the Bugatti.
Heat.
Heat.
Yes sir.
That concludes the CCTV.
Yes.
Yes. I did a certificate that I wish to certify the following one on 8th June 2025 I extracted CCP them in a 64 GB advanced Mark F-1 Fash one that was previously used and blank.
The extracted were 2.35° 2.3 the authenticity of the same footage is not confirmed.
Number four, during the material time, the safe computer was regularly used to store and process information.
The ordinary course of my activities was used.
Store and process information. Ordinary person said computer was operating properly no long was in good working position.
My lady, I also certify that are no wayified.
This exhibit is available.
It's available for production.
My last uh point is that the version was marked DH and it was also stored in 64 GB advanced flash That was new blank and previously used that was new blank and previously used and it's available as I signed the certificate on the 5th March 2026.
That's all my lady. Yes.
My lady wish to mark the following.
Yes, please proceed. Yes, we wish to mark the footage MH1 >> that is the original M9 >> the bridge version as MFI 9 A 9 A >> 9 A then here the report together with the certificate >> the report attached to the report they separate >> so you mark separately the report >> the report this is the fem on March 2026 as MFI 9B.
Then the certificate MFI 9C will be producing afterination.
Listen, there is something you are forgetting.
There was Mr. Black was we needed you to talk about the original uh um footage from original the original recovered footage from central police station. The court already has.
>> Yes. So >> uh there will be a witness who will come and speak on it.
>> But he's the maker. Isn't he the witness will speak to it but the witness cannot produce for the you get into trouble. Let him produce and the witness can testify to it when it's produced false. Let him make reference to it.
Then your witness can produce. But as I know the evidence act, you're going to get trouble ahead.
Yes, >> that is the CCTV.
>> Yes, you can see the advocates confirming what your view is too much. Stand up and tell what you Heat. Heat.
Heat. Heat.
Heat. Heat.
Heat. Heat.
We do have the one who will cover the >> but he relied on him.
So he must how does he just come in possession of the original and helping the pro it's justice. You must say when he got the approved version his approved version for the central police station was produced yesterday but then it is to have it marked for the other one because he has testified he how do we introduce it later that Yes.
He's speaking about a document, isn't it? We are only marking it for identification. It is not the >> Yes.
You agree?
>> Yes.
>> We will be marking it for identification. This is 1 2 3 1 kilob 613 what I want is for what is not coming out here he has produced two certificates have you produced two certificates >> one is for centralizations. How does he authoritatively speak about this original CCTV and agree to and even go ahead to prepare a report if you understand where can you lay the foundation for the next witness who will come to speak to it? He can't just come up with a report and say the makeup. He is not the makeup. But how does he come up with a report? Under what circumstances does he end up preparing the report?
You are creating technicalities for the court and I'm looking at 159 and that is why I am being very inquisition.
I did a memo the it by hand over >> become >> by handing over three cases >> that is the >> which is the number one.
>> Yes. and the two that is by one day.
>> Yes, >> my lady as we was returning the the raw footage and the version. We also did a memo to document customer.
Yes. So I received four ex I given three. I received four.
That is the PDR two hard discs and then the covered footage was a big The first amendment that we refers to is it reference is icon one entity. Mhm.
>> 90 or M >> I I M >> I >> I 1 >> M E >> M Yes.
>> Stop 476.
>> Mhm.
>> Stop 2025.
>> Yes.
>> It is dated 12th June 2025.
>> Yes.
And this is a request of forensic examination and that's a recovery of central communication CCT system and was for to examine your hardest to recover the CCTV footage recorded during the deaths the sixth 7 8 and and 9 to identify the der and if possible consistently.
Then lastly to preserve and authenticate any recovered evidence using forensication methods have been signed by Joshua serious and have it marri is using >> evidence using foreign integrity methods.
It has been signed by wish to have 10.
Then another internal memo reference I port stroke I n stroke 476 stroke 2025 and it's dated the 27th of November 2025.
This is on a report on data recovery of central police stations DVR surveillance recovery central police station for >> DVR surveillance.
Yes.
Yes. And this uh the the X bits that were together.
>> Yes. Yes.
And this was signed by one Kennedy dealer.
>> Yes.
>> Number one. Yes, >> we have X1 >> X1 X2 and X3.
>> Yes.
>> Which are the hard drives which was which number two exhibits A and B.
This was the crowns.
>> Yes. The crrons of the two of the above two.
Yes.
X4.
>> Yes. four.
>> Yes.
>> X bit C.
>> Yes.
>> Which was a 64 GB flashing version.
And this TX4 DN 27 November 2025 11 So two9 and my name is also not that they covered supply 678 67 the clones now the clones address they were they were it was just a copy image of what all The data which contained in the two hard discs that uh that one in the video Are they closed?
Maybe by CN and B.
for us.
Would you wish to have >> it? Which ones are Yes.
>> This is the MFI 90 and MF C.
>> The certificate and the report >> and the report. Yes. This is the report and the certificate >> as 8 bits number >> MFI 9B 9b >> is the report and MFI 9 C the certificate.
Thank you.
We have marked because of one page.
supply.
So if you so that you don't call him for only cause >> then you can have it can be marked as >> then then it can be marked as the certificate was 4.
So you can report >> there is the footage, the report and the certificate. There are three things and the certificate.
>> Yes. So the report dated marked marked as MC report and the certificate for certificate.
>> Yes.
So the report is for the certific and certificate as 4 A.
Nothing else.
>> That is it for now.
>> It for now. Uh you can take directions on. So as I read Miss Can you confirmed that she has now supplied every document that she was supposed to please probably want to tell us whether you have supplied the documents they can confirm on and I also got a case progression tell them to confirm you right that they should confirm I didn't write that going forward minor going forward. Did she ask you to confirm your confirmed?
But you did you knowledge.
Okay. So let's let's put it in writing Mr. You confirm receipt.
>> I confirm receipt.
Mr. >> I confirm receipt.
Mr. We seem to have one and that is the the photograph.
>> Photograph.
>> Yes. is the >> together now with the certific 28 So you also want to produce the photographs.
>> The photographs explain a little bit further. How many photos? Let me just say I have number of photos.
>> Yes.
>> In the bunch of the photos I produced and one one two photos are not describing two photos number.
You want us to remove them?
>> Yes. I I just wanted to start from photograph number 26 so that I capture the correct sequence.
>> You want to put me back no photos that were produced around 30, but when he was giving testimony, he skipped 26 and 27.
>> But is that captured in the report? It is not >> the explanation in your evidence in chief you did not.
>> Okay. But he said they're not described in my report but in your evidence in chief you did.
>> What does he say in the report but in his evidence in chief he did not describe >> he skipped them.
>> He skipped 26 to 28.
Right. Ideally the report should act and read by the court and the advocates without explanation. So that's how I work elsewhere. But because of the sensitivity of the matter that's why I'm allowed you to get it. But otherwise once you bring a report they always confirm and I can look at the photographs and so I don't think there's a big deal unless the advocates have a big deal on that you you will go and get the explanator from the report. Is it?
So, uh you don't need to remember that.
So, now you just contain one to 28 bits.
Number two, which is a bunch of photographs.
Photographs.
>> How many of photos?
as exit 2. It is exit 2 1 to 30.
>> Exit 23.
>> Yes.
>> Yes.
And the certificates.
>> Yes.
It is the 20th of December. 252 initial proced >> so that we don't >> conflict.
>> Yes, >> I believe I I don't believe that >> but now we informed the party and we have no objection to it. We have to so that they don't seem like they're too different.
How many we are not going to let witnesses stand here for hours requesting to sit because he was here for so long so mistakes are going to happen what he will do next he will check evidence and break even if it's another thing >> that's true >> yeah so check proceedings this evidence in chief and correct photos. So that is MF2. The certificate >> the certificate is M2.
>> Anything else?
>> Which is now?
>> Yes. Let me see the certificate.
>> Yes.
Can you confirm that he personally took the photo?
>> Yes. Uh did you take the total 1 to 30?
And these are photographs from Yes.
of the central police station at the office of the OCS and we are yes for a moment about something to see. I'm trying to control my um 30.
>> It's a battle of 30. That's what I was saying. We just talked about 28.
>> The report that you were given >> is for 28 or 30.
>> 28. And the photo that I have are 28.
>> You have 28.
>> Yes.
>> So I don't know.
What I have the last photo of it being a 28 photo is the hardest at the same time.
>> Yes.
>> In the original copy which is what now produced as exit 2a what would have an extras one has been ped one. So I guess that's why it could differ from the report we have but it's what we're trying to have photographs we can correct that issue can you supply the proper report is 3 days before right to them this certificate is for 30 confirm you have 30 photos testation is going to help us solve all these problem even that was the party >> the report that we have still very different >> you amended the report and you did not sil what happened you amended the report you forgot to Sir, the original report you supplied in the B was 58.8.
>> Yes.
>> Yes. But um which are the two? You see at at the end of the day the question will be what prejudice you suffer. It is just the prejudice of delaying the case leading to adjournment and then I am going to have a problem with the DP. You must sit together before you come to my court. Look at what you have supplied.
You're going to place me in a very awkward position.
Yes. Yes. Yes. And in fact, I needed you to clarify that he's decided to take those photos or that he can take those photos if you said he was. He has not told which camera he used to take the photo.
He said the report is not my head.
>> Yes.
>> Okay. Yes. Uh >> so which camera did you use in the report? Let me just capture it in my proceedings. Those reports get lost.
Miss is that is why what remains is my record.
>> Okay.
>> Exits do get lost.
Canon >> E O S >> E O S >> 90 D >> 90 D.
>> So we are good. Uh now can we have the report? This was supplied right away.
Probably you have it on sort. Yes, I can.
So the advocacy probably you will look at you have reports the next issue the issue is not now admissibility but credibility. So that is not an issue that arises now it's an issue of you have to report it's an issue of credibility not admissibility. So the report is an yes now we have to look for debts which are not available.
So the whole the whole year is taken up by two other cases.
Thank you very much.
One day exactly 25.
Yes.
Otherwise here are the children here. So the moment I get the prejes will be suspended until I'm done with the kids. That is the law. So you take the date that I'm giving you. You make sure you go elsewhere and tell them the court has imposed this mult.
Yes, >> Mr. Yes.
So that follows and you want to be kind enough to allow us to get now.
She rested please.
14th December looks available looks available.
>> I have kids I have automation kids and I don't want to take to give others dates.
I want to preserve available dates for the children. They take priority and I I might have to sit in December or probably the recess in December. Monica, please give them 3 days running. Give them three days running this year.
Heat. Heat.
Now if you don't take this test please you don't ask me for any other because they're not available. So I propose 14th 18th and 16th December there 14th 15th and 16th December and therefore means you are here at means you are here at the court we are grateful you are grateful thank you so much is November 23rd not available.
Don't worry we'll take we'll take it on the 14th 14 14th of December examination the whole days then now that means we reduce the number of days for hearing which goes to 15 and 16 check 17 it's a Friday can we now take the 14 year 157 I'm sure by that I believe you for years was exam on 14th of December at 9 and the further hearing of this case on 15th 16 March 17th at 9:00 We offer together and we give of them. How many civilians move very fast and you have five witnesses they visit at night? Can you also share the names of the witnesses to enable them to be there so that you reduce your cross examination?
Yes.
Thank you very much.
Heat up here.
Yeah. Heat.
Heat. Heat.
Heat up here.
Yeah.
Heat.
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