How recorded private calls can easily land you into trouble

There are legal and constitutional implications of secretly recording private conversations.[Courtesy]

In an age where almost every smartphone is also a recording studio, the line between documenting a conversation and secretly capturing another person’s private life has become increasingly blurred. Across social media, Kenyans have become accustomed to leaked voice notes, private chats, telephone conversations and recordings of intimate disputes appearing online. What may begin as a disagreement between lovers, spouses, friends, business partners or colleagues can quickly become public entertainment. But behind the viral clips lies a serious legal problem, does having access to someone’s private conversation give you the right to secretly record, retain, publish or later use it against them in court?

The answer is not as simple as “I recorded it, therefore I can use it” once I have put in a certificate of electronic evidence as per the evidence Act. The Constitution protects the right to privacy under Article 31, including the privacy of communications. That protection does not disappear because two people are dating, married, conducting business together or have previously exchanged private messages.