[Rev. 2018]
(c)
(d)
(e)
Kenya Information and Communications
No. 2 of 1998
the signature creation data were, at the time of signing, under the
control of the signatory and of no other person;
any alteration to the electronic signature made after the time of signing
is detectable; and
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.
[Act No. 1 of 2009, s. 31.]
83P. Legal recognition of electronic signatures
Where any law provides that information or any other matter shall be
authenticated by affixing a signature or that any document shall be signed or
bear the signature of any person, then, notwithstanding anything contained in that
law, such requirement shall be deemed to have been satisfied if such information
is authenticated by means of an advanced electronic signature affixed in such
manner as may be prescribed by the Minister.
[Act No. 1 of 2009, s. 31.]
83Q. Protected systems
(1) The Minister may, by notification in the Gazette, declare that any computer
system or computer network is a protected system.
(2) The Minister may, by order in writing, authorize any person to access
protected systems notified under subsection (1).
(3) Any person who secures unauthorized access or attempts to secure
unauthorized access to a protected system commits an offence and is liable on
conviction, to a fine not exceeding ten million shillings or to imprisonment for a term
of ten years or to both.
[Act No. 1 of 2009, s. 31, Act No. 41A of 2013, s. 25.]
83R. Regulations for electronic signatures
The Minister may, in consultation with the Commission, for the purposes of this
Act, prescribe regulations on—
(a) the type of electronic signature;
(b) the manner and format in which the electronic signature shall be
affixed;
(c) the manner and procedure which facilitates identification of the person
affixing the electronic signature;
(d) control of the processes and procedures to ensure adequate integrity,
security and confidentiality of electronic records or payments; and
(e) any other matter which is necessary to give legal effect to electronic
signatures.
[Act No. 1 of 2009, s. 31.]
83S. Use of electronic records and electronic signatures in Government and
its agencies
(1) Where any law provides for—
(a) the effective delivery of public goods and services, improving quality of
life for disadvantaged communities, strengthening good governance
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