Rev. 2011]
Kenya Information and Communications
CAP. 411A
(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.
83N. Where any security procedure has been applied to an Secure electronic
electronic record at a specific point of time, then such record shall record.
be deemed to be a secure electronic record from that point of time to 1 of 2009, s. 31.
verification.
83O. (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) Sub-section (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 sub-section
(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;
(c) the signature creation data were, at the time of signing, under
the control of the signatory and of no other person;
(d) any alteration to the electronic signature made after the time
Compliance with
requirement for a
signature.
1 of 2009, s. 31.
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