An e-transaction refers to any exchange, messaging, contracting or other action concluded or executed, wholly or partially, through an electronic means.

Communications Authority of Kenya (CA), through the Kenya Information and Communications Act, 1998, regulates the Electronic transactions.

A Certification Service Provider (CSP) , also referred to as a Certificate Authority (CA), is an entity that is licensed by the Commission to issue digital signatures/certificates for use by subscribers.

A certificate, also referred to as a digital certificate, refers to a record which is issued by a Certification Service Provider (CSP) for the purpose of supporting a digital signature which purports to confirm the identity or other significant characteristics of the person who holds a particular key pair. A certificate identifies the CSP issuing it, the name or identity of the certificate owner (the person to whom it is issued) and the public key of the owner. It is digitally signed by the issuing CSP.

An e-signature refers to data in electronic form affixed to or logically associated with other electronic data which may be used to identify the signatory in relation to the data message and to indicate the signatory’s approval of the information contained in the data message. An electronic signature can range from a simple electronic signature to an advanced electronic signature or digital signature.

A digital signature refers to an advanced electronic signature.

An advanced electronic signature, also referred to as a digital signature, refers to an electronic signature which meets all the following requirements:

  • Is uniquely linked to the signatory;
  • Is capable of identifying the signatory;
  • Is created using means that the signatory can maintain under his sole control; and,
  • Is linked to the data to which it relates in such a manner that any subsequent change to the data is detectable.

An e-record refers to a record generated in digital form by an information system, which can be transmitted within an information system or from one information system to another and which can be stored in an information system or other medium.

A Certification Practice Statement (CPS) refers to a statement of the practices, policies or procedures that a Certification Service Provider (CSP) employs in approving or rejecting certificate applications and issuing, managing and revoking certificates. These procedures should be publicly made available through the CSP’s website.

Digital signatures/certificates are issued by Certification Service Providers (CSPs). Licensed CSPs are published on the Commission’s website.

E-Government services refer to public services provided electronically by a Ministry or Government department, local authority, or any other body established by or under the law or controlled or funded by the Government.

An e-Gazette refers to the Kenya Gazette published in an electronic form.

The Kenya Information and Communications Act, 1998, recognizes advanced electronic signatures and electronic records as equal to written signatures and written (physical) records respectively.

The Kenya Information and Communications Act, 1998,  recognizes communication using Electronic mail (E-Mail)

The Act recognizes electronic records and therefore where any law provides that documents, records or other information be retained for any specific period, then that requirement  is deemed to be satisfied if such documents, records or information are retained in electronic form and fulfill the following conditions:

  • The information remains accessible so as to be usable for subsequent reference;
  • 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,
  • The details which will facilitate the identification of the original destination, date and time of dispatch or receipt of such record are available in the record.