[Rev. 2018] Kenya Information and Communications No. 2 of 1998 Provided that this clause shall not apply to any information which is automatically generated solely for the purpose of enabling an electronic record to be dispatched or received. [Act No. 1 of 2009, s. 31.] 83I. Retention of information in original form (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) Subsection (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 subsection (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. [Act No. 1 of 2009, s. 31.] 83J. Formation and validity of contracts (1) In the context of contract formation, unless otherwise agreed by the parties, an offer and acceptance of an offer may be expressed by means of electronic messages thus where an electronic message is used in the formation of a contract, the contract shall not be denied validity or enforceability solely on the ground that an electronic message was used for the purpose. (2) Nothing in this section shall apply to any law that expressly provides a different method for the formation of a valid contract. [Act No. 1 of 2009, s. 31.] 83K. Recognition of parties of electronic messages As between the originator and the addressee of an electronic message, a declaration of intent or other statement shall not be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic message. [Act No. 1 of 2009, s. 31.] 83L. Attribution of electronic records (1) An electronic message shall be attributed to the originator if it was sent by the originator himself, or by a person who had the authority to act on behalf of the originator in respect of the electronic record or by an information system programmed by or on behalf of the originator to operate automatically. (2) As between an originator and an addressee, an addressee is entitled to regard an electronic message as being that of the originator, and act on that assumption, if— 59