Electronic signatures in Kenya

What the law says

Part VIA of the Kenya Information and Communications Act (Cap. 411A) deals with electronic transactions. A contract is not denied validity or enforceability solely because an electronic message was used to form it (section 83J), and a declaration of intent is not denied legal effect solely because it is in the form of an electronic message (section 83K).

The Act defines an electronic signature as data in electronic form affixed to or logically associated with other electronic data, which may be used to identify the signatory and indicate their approval. An advanced electronic signature is 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.

Where a law requires a person's signature, the requirement is met by an advanced electronic signature that is as reliable as was appropriate for the purpose (section 83O), affixed in the manner the Cabinet Secretary prescribes (section 83P). In court, the Evidence Act (Cap. 80, section 106G) presumes, unless the contrary is proved, that a secure electronic signature was affixed by the subscriber with the intention of signing; there is no such presumption for other signatures.

The Business Laws (Amendment) Act 2020 brought electronic signatures into other laws. A contract for the disposition of an interest in land must be in writing, signed by all the parties and witnessed, and "sign" now includes an advanced electronic signature (Law of Contract Act, section 3). Under the Land Registration Act 2012, an instrument executed electronically by an advanced electronic signature or an electronic signature is deemed validly executed where practicable (section 44(3A)), and the person executing it still appears before the Registrar or another prescribed person (section 45).

The laws that apply

• Kenya Information and Communications Act (Cap. 411A), Part VIA: section 2 (definitions), 83B (exclusions), 83J and 83K (contracts and declarations), 83O and 83P (signature requirements).
• Business Laws (Amendment) Act 2020 (Act No. 1 of 2020): in force since 18 March 2020; amended the Act above, the Law of Contract Act and the Land Registration Act.
• Evidence Act (Cap. 80): section 106G (presumptions for secure electronic signatures).
• Law of Contract Act (Cap. 23) and Land Registration Act 2012: land contracts and instruments executed electronically.

Where an electronic signature is not enough

Under section 83B, Part VIA does not apply to any rule of law requiring writing or signatures in these matters:

• The creation or execution of a will
• Negotiable instruments

The Business Laws (Amendment) Act 2020 deleted a third item from that list, and the Cabinet Secretary may add or remove classes of documents.

Where another law requires a signature, the bar is an advanced electronic signature. Examples: a land contract, which must also be witnessed, and a contract of service for three months or more, which the Employment Act requires in writing, signed or thumb-printed by the employee (section 9).

What PQC Imza is, and what it is not

In Kenya, a PQC Imza signature is an electronic signature under the Act, and it is designed with the properties the definition of an advanced electronic signature lists: a key unique to the signer, held on their phone under their control, a signer identified from the chip in their passport or ID card, and a signature that fails if the document changes. But the Act also asks for the manner the Cabinet Secretary prescribes, and we do not claim that a PQC Imza signature meets section 83O for any particular document. It is not issued by a licensed electronic certification service provider.

It suits documents that no law requires to be signed, where sections 83J and 83K apply. Where a law does require a signature, take advice first.

PQC Imza is an electronic signature service. Each signature is made on the signer's phone with ML-DSA, the post-quantum signature standard NIST published in 2024 (FIPS 204), and is bound to the exact file that was signed. Signers verify their identity in the app by reading the chip in their passport or ID card, and every signature records how its signer was identified.

It is not a qualified, certified or government-accredited digital signature, and PQC Imza is not a licensed or accredited certification authority in any country. Where a law asks for that kind of signature, or for a handwritten signature, a notary or registration, use what the law asks for.