Are electronic signatures legal in Kenya? Which laws primarily govern electronic signatures?
Electronic signatures are legal in Kenya. They are primarily regulated by the Kenya Information and Communications Act (“KICA”) and the Business Laws (Amendment) Act of 2020.
What is an electronic signature in Kenya?
Under Section 2 of the Electronic Transactions Act, an "electronic signature" is defined as any letter, character, number, or other symbol in digital form attached to or logically associated with an electronic record, executed or adopted for the purpose of authenticating or approving that electronic record.
What types of electronic signatures are recognized in Kenya, and what are their respective requirements?
Kenya recognizes two types of electronic signatures: simple electronic signatures and advanced electronic signatures.
1.Simple Electronic Signature
A simple electronic signature refers to data in electronic form that is attached to or logically associated with other electronic data, used to identify the signer in relation to a data message and to indicate the signer’s approval of the information contained in the data message.
The default eSginGlobal electronic signature can meet the requirements of electronic signature in Kenya
An advanced electronic signature is an electronic signature that meets all of the following requirements:
- It is uniquely linked to the signer;
- It is capable of identifying the signer;
- It is created using means that the signer can maintain under their sole control;
- It is linked to the related data in such a way that any subsequent changes to the data can be detected.
KICA stipulates that a certificate issued by a qualified or accredited certification service provider is required to support such signatures.
Under the Kenya Evidence Act, to determine whether an electronic signature belongs to the person claiming to have affixed it, the court may direct:
- The person or certification service provider to produce the electronic signature certificate;
- Any other person to apply the procedures listed in the electronic signature certificate and verify the signature that appears to have been affixed by the person.
The signatures provided by eSginGlobal after integrating with the third party platform in Kenya can meet the requirements for digital signatures
What are the common scenarios in Kenya where electronic signatures are typically used?
Electronic signatures can be used to affix signatures and provide endorsements on various documents, such as:
- Human resources documents
- Procurement agreements
- Non-disclosure agreements (assuming they are contracts rather than formal deeds)
- Software licensing agreements
- Public petitions
- Insurance industry documents
- Instruments for the disposal of land interests
- Educational documents, etc.
In which situations in Kenya is a traditional signature required?
Traditional signatures are required for the following documents or scenarios:
- Wills or their execution
- Negotiable instruments
- Title deeds
★Disclaimer：
The Content of this page is for reference only. It aims to provide background information on the legal framework of the national electronic signature. Please note that the contents of this page do not constitute legal advice and should not be used or relied on as legal advice. For any legal questions concerning your use of electronic signatures in a particular jurisdiction, we recommend that you consult the relevant legal counsel.eSginGlobal Do not be liable for any express, implied or statutory representations or warranties of this page or the materials thereon, including, but not limited to, representations, guarantees or warranties of merchantability, applicability or accuracy for a particular use.