No. 2 of 1998 (a) (b) Kenya Information and Communications [Rev. 2018] in order to ascertain whether the electronic message was that of the originator, the addressee properly applied a procedure previously agreed to by the originator for the purpose; or the electronic message as received by addressee resulted from actions of a person who had the authority to act on behalf of the originator in respect of the electronic record. [Act No. 1 of 2009, s. 31.] 83M. Acknowledgement of receipt (1) Where the originator has not agreed with the addressee that the acknowledgement of receipt of electronic records be given in a particular form or by a particular method, an acknowledgement may be given by— (a) any communication by the addressee, automated or otherwise; (b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received. (2) Where the originator has stipulated that an electronic record shall be binding only on receipt of an acknowledgement of such electronic record, then, unless acknowledgement has been received, the electronic record shall be deemed to have never been sent by the originator. (3) Where the originator has not stipulated that the electronic record shall be binding on receipt of such acknowledgement, and acknowledgement has not been received by the originator within a reasonable time, then, the originator may give notice to the addressee stating that no acknowledgement has been received by him and specifying a reasonable time by which the acknowledgement must be received by him and if no acknowledgement is received within that time limit, he may, after giving notice to the addressee, treat the electronic record as though it was never sent. [Act No. 1 of 2009, s. 31.] 83N. Secure electronic record Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from that point of time to verification. [Act No. 1 of 2009, s. 31.] 83O. Compliance with requirement for a signature (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) Subsection (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 subsection (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; 60

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