Are electronic signatures legal in Kenya?

What does the Kenya Information and Communications Act require?

The electronic transactions provisions were added to the Act in 2009. Section 83G says a legal requirement for writing is satisfied by electronic information that is accessible for later reference. Section 83O(1) says a legal requirement for a person's signature is met in relation to an electronic message if an advanced electronic signature is used that is as reliable as appropriate for the purpose, in light of all the circumstances. Section 83P repeats that rule for any law requiring information to be authenticated by a signature.

The Business Laws (Amendment) Act, 2020 (Act No. 1 of 2020) updated several statutes to make electronic signing easier, including deleting one of the exclusions in section 83B. The Communications Authority of Kenya administers the Act and licenses electronic certification service providers.

Electronic and advanced electronic signatures

The Act defines an advanced electronic signature as one that is uniquely linked to the signatory, capable of identifying them, created using means the signatory can keep under their sole control, and linked to the data so that any later change is detectable. Section 83O(3) treats one as reliable if it is generated through a signature-creation device, the creation data is linked to and controlled by the signatory alone, and any alteration to the signature or the information after signing is detectable.

That matters for honesty about simple signatures. Where a statute requires a signature, Kenyan law asks for an advanced electronic signature. Where no statute requires one, which covers many commercial contracts, the parties can agree to sign with a simple electronic signature and the question becomes evidence.

What is excluded?

Section 83B(1) says these provisions do not apply to any rule of law requiring writing or signatures in two matters. A third exclusion in paragraph (c) was deleted by Act No. 1 of 2020, and section 83B(2) lets the Cabinet Secretary add or remove classes of transactions by order. Land documents still have their own attestation rules under the land statutes, so check those before signing.

• The creation or execution of a will
• Negotiable instruments

Evidence and the courts

Electronic records are admitted under the Evidence Act (Cap. 80), section 106B, which sets conditions for admitting electronic records, including a certificate describing how the record was produced. Prepare for that requirement from the start.

• The signed PDF, sealed against later edits
• The certificate of completion and audit trail
• How each signer was identified and when
• IP address, device and timestamps
• Any clause in which the parties agreed to sign electronically

Where Sign PDF fits

Sign PDF gives you a simple electronic signature with strong evidence: each signer confirms a six-digit code sent to their email, agrees to sign electronically, and signs in the browser, and the certificate of completion lists IP address, approximate location, device and UTC times, with a SHA-256 fingerprint and a hash-chained audit trail sealed with an independent DigiCert timestamp.

We are not a licensed electronic certification service provider in Kenya and do not issue advanced electronic signatures under section 83O. So where a statute requires a signature, use a licensed provider or ink. For contracts the parties choose to sign, such as NDAs, consultancy agreements, offer letters and purchase orders, Sign PDF fits. Wills and negotiable instruments are excluded. This page is general information, not legal advice; ask a Kenyan advocate about anything a statute requires to be signed or attested.