[Rev. 2018] Kenya Information and Communications No. 2 of 1998 PART VIA – ELECTRONIC TRANSACTIONS AND CYBER SECURITY [Act No. 41A of 2013, s. 23.] 83B. Application (1) This Part shall not apply to any rule or law requiring writing or signatures in any of the following matters— (a) the creation or execution of a will; (b) negotiable instruments; (c) documents of title. (2) The Minister may by order modify the provisions of subsection (1) by adding or removing any class of transactions or matters. [Act No. 1 of 2009, s. 31.] 83C. Functions of the Commission in relation to electronic transactions and cyber security (1) The functions of the Commission in relation to electronic transactions shall be to— (a) facilitate electronic transactions and cyber security by ensuring the use of reliable electronic records; (b) facilitate electronic commerce and eliminate barriers to electronic commerce such as those resulting from uncertainties over writing and signature requirements; (c) promote public confidence in the integrity and reliability of electronic records and electronic transactions and cyber security; (d) foster the development of electronic commerce through the use of electronic signatures to lend authenticity and integrity to correspondence in any electronic medium; (e) promote and facilitate efficient delivery of public sector services by means of reliable electronic records; (f) develop sound frameworks to minimize the incidence of forged electronic records and fraud in electronic commerce and other electronic transactions and cyber security; (g) promote and facilitate the efficient management of critical internet resources; and (h) develop a framework for facilitating the investigation and prosecution of cybercrime offences. (2) The Cabinet Secretary, in consultation with the Authority may make regulations with respect to cyber security. [Act No. 1 of 2009, s. 31, Act No. 41A of 2013, s. 24, Act No. 25 of 2015, Sch.] 83D. Requirement for a licence (1) No person shall— (a) operate an electronic certification system; or (b) update a repository or administer a sub-domain in the Kenya country top level domain (.ke ccTLD), except in accordance with a licence granted under this Act. 57