No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
(2) A person who contravenes this section commits an offence and shall be
liable on conviction to a fine not exceeding three hundred thousand shillings or to
imprisonment for a term not exceeding three years, or both.
[Act No. 1 of 2009, s. 31.]
83E. Licence for electronic certification services
(1) The Commission may, upon application in a prescribed manner and subject
to such conditions as it may deem necessary, grant licences under this section
authorizing a person to provide electronic certification services.
(2) A licence granted under subsection (1) may require a licensee to—
(a) make use of hardware, software and procedures that are secure from
intrusion and misuse;
(b) provide a reasonable level of reliability in its services which are
reasonably suited to the performance of intended functions;
(c) adhere to procedures that ensure that the secrecy and privacy of the
electronic signatures are assured; and
(d) observe such other standards as may be specified by regulations.
[Act No. 1 of 2009, s. 31.]
83F. Licence for country code top-level domain
The Commission may, upon application in the prescribed manner and subject
to such conditions as it may deem necessary, grant licences under this section
authorizing a person to administer a sub-domain in the country code top-level
domain.
[Act No. 1 of 2009, s. 31.]
83G. Legal recognition of electronic records
Where any law provides that information or other matter shall be in writing then,
notwithstanding anything contained in such law, such requirement shall be deemed
to have been satisfied if such information or matter is—
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
[Act No. 1 of 2009, s. 31.]
83H. Retention of electronic records
Where any law provides that documents, records or information shall be
retained for any specific period, then that requirement shall be deemed to have
been satisfied where such documents, records or information are retained in
electronic form if—
(a) the information contained therein remains accessible so as to be
usable for subsequent reference;
(b) the electronic record is retained in the format in which it was originally
generated, sent or received or in a format which can be demonstrated
to represent accurately the information originally generated, sent or
received; and
(c) the details which will facilitate the identification of the original
destination, date and time of dispatch or receipt of such electronic
record are available in the electronic record;
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