|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|83O. Compliance with requirement for a signature.|
|Modification of conditions of licence.||National Communication Secretariat.|
|Compliance with requirement for a signature. 1 of 2009 s.31||
83O. (1) Where any law requires a signature of a person, that requirement is met in relation to an electronic message if an advanced electronic signature is used that is as reliable as was appropriate for the purpose for which the electronic message was generated or communicated, in light of all the circumstances, including any relevant agreement.
(2) Sub-section (1) applies whether the requirement referred to therein is in the form of an obligation or whether the law simply provides consequences for the absence of a signature.
(3) An advanced electronic signature is considered to be reliable for the purpose of satisfying the requirement referred to in sub-section (1) if:
(a) it is generated through a signature-creation device;
(b) the signature creation data are, within the context in which they are used, linked to the signatory and to no other person;
(c) the signature creation data were, at the time of signing, under the control of the signatory and of no other person;
(d) any alteration to the electronic signature made after the time of signing is detectable; and
(e) where the purpose of the legal requirement for a signature is to provide assurance as to the integrity of the information to which it relates, any alteration made to that information after the time of signing, is detectable.