|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|83I. Retention of information in original form.|
|Modification of conditions of licence.||National Communication Secretariat.|
|Retention of information in original form. 1 of 2009 s.31||
83I. (1) Where any law requires information to be presented or retained in its original form, that requirement is met by an electronic record if:
(a) there exists a reliable assurance as to the integrity of the information from the time when it was first generated in its final form as an electronic message or otherwise; and
(b) where it is required that information be presented, that information is capable of being displayed to the person to whom it is to be presented.
(2) Sub-section (1) applies whether the requirement therein is in the form of an obligation or whether the law simply provides consequences for the information not being presented or retained in its original form.
(3) For the purposes of sub-section (1)(a):
(a) the criteria for assessing integrity shall be whether the information has remained complete and unaltered, apart from the addition of any endorsement and any change which arises in the normal course of communication, storage and display; and
(b) the standard of reliability required shall be assessed in the light of the purpose for which the information was generated and in light of all the relevant circumstances.