A Survey of Computer Forensics Practices in Litigation Support: the Case of the Banking Industry in Kenya

Abstract

The aim of the study was to investigate the existence of computer evidence; assess the extent of adoption of computer forensics practices and identify the challenges faced by the banking industry in Kenya when collecting and using computer evidence for litigation support. A census survey of the Banking Industry was conducted. Data analysis was done using descriptive statistics and factor analysis. According to the findings of the survey, various computer forensic practices have been largely adopted in litigation support within the Kenyan Banking industry. The most adopted practices were identified as: - Determination of legal right; Gathering of evidence; Analysis of gathered evidence; Correlation of evidence to events that occurred and Backup procedures Additionally, the main challenges that banks encounter in collecting and using forensic evidence for litigation support were identified as: - i.) Identification& collection of evidence as well as the forms of production for computer evidence; ii.) On- site inspection of information systems and related costs; iii.) Access to computer forensics guidelines to guide the computer forensics investigations process methodology; iv.) Analysis & presentation of computer evidence; and v.) Access to expert assistance for provision of assistance in the handling and preseatation of computer evidence.