Electronic evidence was defined by Justice Mutonyi in the case of Amongin Jane Frances Okili

V Lucy Akello and the Electoral Commission as any probative information stored or
transmitted in digital form that a party at a trial or proceeding may use. 1 Casey further defines
digital evidence as any data stored or transmitted using a computer that support or refute a theory
of how an offense occurred or that address critical elements of the offence. 2 The comprehensive
definition of Electronic evidence is data consisting the output of analogue devices or data in
digital form that is manipulated, stored or communicated by any manufactured device, computer
or computer system or transmitted over a communication system, that has the potential to make
the factual account of either party more probable or less probable than it would be without the
evidence. There are basically two types of electronic evidence namely; i) Data stored in
computer systems or devices, ii) Information transmitted electronically through communication
networks. This implies that various devices are capable of creating and storing data in digital
form, and such data may serve as evidence, this includes data that is input or created in the
computer, information transmitted is one communicated through a media device through a
network or direct transfer.

Section 4 of the Evidence Act states that only relevant evidence in respect of the existence or
non existence of a fact in issue may only be given in any suit or proceedings thus all relevant
evidence is admissible except as otherwise provided under the Constitution and Acts of
Parliament. In the case of Uganda V David Kamugisha & Anor, Tsekooko, Ag.J (as he then
was) stated that the question of admissibility of evidence be it oral or documentary basically
depends on whether it was relevant to the issue before court. Otherwise the court record would
be filled with all types of evidence which was not sufficiently relevant and they might tend to
prolong the trial unnecessarily because of immaterial matter. 3 Therefore, to successfully admit
any piece of evidence, electronic or otherwise, a party must overcome three obstacles namely i)
authentication, ii) hearsay, iii) the best evidence rule.

1
[2015] UGHC 1
2
Eoghan Casey, Digital Evidence on Computer crime 3rd Edition Academic Press, 2011

3
[1990] UGHC 10