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; 58

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