The Law Has Entered the Chat

That Message? Now It’s Exhibit A.

In Kenya, like many parts of the world, courts have evolved. The Evidence Act recognizes electronic evidence, including texts, emails, screenshots and DMs, as admissible in legal proceedings, provided certain conditions are met.

What does that mean in plain language? It means what you write online, even casually, can become legally binding, incriminating or costly.

‍

When Everyday Messages Become Legal Ammunition

Let’s break it down with some real scenarios.

• Maintenance Suits

That sweet text?

“Don’t worry babe, I’ll take care of everything”

It’s now being quoted to support a claim for child support. Courts are accepting these messages as informal admissions of responsibility.

• Verbal Deals Gone Wrong

A WhatsApp message that says,

“Send the cash, I’ll deliver the fridge tomorrow”

may look casual. But if there’s a dispute later, it becomes Exhibit A in a breach of contract case. Courts will ask, were there elements of a contract, was there an offer, acceptance, consideration and intention to create legal relations?

• Threats and Harassment

An angry email or text saying

“I know where you live. Don’t push me.”

could be interpreted as a threat. Depending on the context, it might support a harassment claim or attract criminal scrutiny.

‍

Why Your Intentions Won’t Save You

You didn’t mean it that way. You were just venting. That’s understandable but irrelevant. Courts aren’t mind readers. They interpret the words on the screen. And if those words support someone’s claim, you’re in trouble.

‍

How to Protect Yourself Even in Heated Moments

Here are a few sharp rules to live by:

• Never put in writing what you wouldn’t say under oath.
• Reread a message before you send it, imagine it on courtroom paperwork.
• Avoid making promises or threats casually both have legal consequences.
• Delete does not mean disappear, screenshots are eternal

So, Should You Stop Texting Altogether?

Not at all. Just text with legal awareness. Especially in emotionally charged situations, breakups, terminations, business disputes or family wrangles. In these moments, your messages are personal and potentially prosecutable.

‍

‍