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CAP. 411A
Kenya Information and Communications
[Rev. 2011
(b) the standard of reliability required shall be assessed in the
light of the purpose for which the information was generated
and in light of all the relevant circumstances.
Formation and
validity of contracts.
1 of 2009, s. 31.
83J. (1) In the context of contract formation, unless otherwise
agreed by the parties, an offer and acceptance of an offer may be
expressed by means of electronic messages thus where an electronic
message is used in the formation of a contract, the contract shall not be
denied validity or enforceability solely on the ground that an electronic
message was used for the purpose.
(2) Nothing in this section shall apply to any law that expressly
provides a different method for the formation of a valid contract.
Recognition of
parties of electronic
messages.
1 of 2009, s. 31.
83K. As between the originator and the addressee of an electronic
message, a declaration of intent or other statement shall not be denied
legal effect, validity or enforceability solely on the ground that it is in
the form of an electronic message.
Attribution of
electronic records.
1 of 2009, s. 31.
83L. (1) An electronic message shall be attributed to the originator
if it was sent by the originator himself, or by a person who had the
authority to act on behalf of the originator in respect of the electronic
record or by an information system programmed by or on behalf of the
originator to operate automatically.
(2) As between an originator and an addressee, an addressee is
entitled to regard an electronic message as being that of the originator,
and act on that assumption, if:
(a) 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
(b) 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.
Acknowledgement of
receipt.
1 of 2009, s. 31.
83M. (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.