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ARTICLE · 06 OCTOBER 2020

Foreign Electronic Certification Service Providers Now Recognised By The CA

Pursuant to the Business Laws (Amendment) Act 2020, which we discussed in detail here, the Communications Authority (CA) issued a public notice on 1st September 2020...

South AfricaMedia, Telecoms, IT, Entertainment

Pursuant to the Business Laws (Amendment) Act 2020, which we discussed in detail here, the Communications Authority (CA) issued a public notice on 1st September 2020 calling for all foreign Electronic Certification Providers (E-CSPs) to apply for recognition of their services in Kenya.

Under the Kenya Information and Communications Act (No. 2 of 1998) (KICA), electronic signatures are recognized in law and may be used to execute all documents except wills and negotiable instruments. The KICA makes a distinction between electronic signatures and advanced electronic signatures, with the latter having specific qualities that make it more reliable and enable it to carry more weight under law. Please refer to our discussion on validity of electronic signatures here.

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