E-signature essentials: 
Zoho Sign's compliance standards for Kenya

Delving into the legal nuances of e-signatures in Kenya

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Electronic signatures 101

Sending electronic documents online has become a common practice, and these documents often require signatures. Electronic signatures, also called e-signatures, provide an efficient way to sign documents online, reduce paperwork, and enable more streamlined transactions. In addition to easing the process, e-signatures also help protect documents with enhanced security and authentication techniques.

E-signatures are legally binding for a variety of purposes and can be typed, drawn on the screen of an electronic device, or uploaded from your desktop. This modern alternative to wet signatures has been adopted across the world because it empowers individuals and businesses to sign documents online in a legal, secure, and efficient way.

How digital signatures propel Kenyan businesses

The Kenyan government's fervent promotion of digital signatures through e-Citizen portals and other initiatives has led to increased adoption by businesses and individuals. With digital signatures, users are able to seamlessly collaborate across geographic boundaries, expand business opportunities, save time, and reduce costs. Digital signatures represent a transformative force for Kenyan businesses, driving growth, innovation, and competitiveness in an increasingly interconnected world. Zoho Sign offers impeccable management and authentication of documents while ensuring compliance with the nation's e-signature standards.

Zoho Sign can help Kenyan businesses achieve optimal performance by ticking crucial boxes, such as:

  • Speed
  • Increased productivity
  • Signer authentication
  • Security
  • Remote access
  • Improved user experience
  • Cost-effectiveness

Industries and fields embracing e-signatures

E-signatures in Kenya

Kenya's foray into the digital signing space has enabled the streamlining of business, government, and legal affairs. E-signatures recognised under Kenyan law offer a secure and efficient means of signing documents remotely. Zoho Sign opens the door for legally binding transactions across various domains, driving progress and innovation in Kenya.

The Kenya Information and Communications Act, 1998

Drafted in 1998, the KICA plays a critical role in facilitating digital transactions and communications within the country. This framework reinforces Kenya's commitment to embracing digital innovation while safeguarding the integrity and security of electronic transactions. The Kenya Information and Communications (Electronic Certification and Domain Name Administration) Regulations, 2010 published under KICA outlines procedures regarding certificate service providers.

The KICA 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 in relation to the data message and to indicate the signatory’s approval of the information comprised in the data message."

Legal recognition of Advanced Electronic Signature (AES)

Recognised as a sophisticated form of E-Signature, AES offers a higher level of security, making it suitable for more sensitive transactions. To enjoy this privilege, section 83 O of the KICA mandates compliance with the following requirements:

1. Where the law requires a signature to be affixed, an AES shall be used to meet that requirement. Additionally, the AES used should be as reliable as is appropriate for the purpose it is being used.

2. An AES is considered to be reliable for the purpose of satisfying the requirement referred to in subsection (1) if:

  • It is generated through a signature-creation device (SCD).
  • The signature creation data is uniquely linked to the signatory and to no other person.
  • The signature creation data was, at the time of signing, under the sole control of the signatory.
  • Any alteration to the e-signature made after the time of signing is detectable.
  • When the legal requirement for a signature serves to guarantee the integrity of the information it refers to, any changes made to that information after the time of signing are detectable.

E-Signatures, particularly AES, come in the form of a digital signature certificate based on an asymmetric key pair issued to individuals or organisations by an officially recognised or accredited certification service provider (CSP). The digital signature certificate is commonly issued only after a formal application procedure and stringent identity verification undertaken by the CSP.

Foreign certification service provider

The Kenya Information and Communications (Electronic Certification and Domain Name Administration) Regulations, 2010 may recognise a foreign certification service provider as a CSP if the foreign certification service provider:

  • Holds a valid license or authorisation from the relevant government body in the country where it operates
  • Complies with acceptable international standards and satisfies all the conditions applicable to a CSP under this Act and other relevant regulations
  • Has established a local trustworthy agent in Kenya who can offer certification services

Exclusions for the applicability of electronic signatures

The use of electronic signatures is prohibited in the following documents:

  • Creation or execution of wills
  • Negotiable instruments
  • Documents of title

Zoho Sign + Tendaworld

Zoho Sign has partnered with a licensed electronic certification service provider (E-CSP), Tendaworld, to provide compliant digital signatures for Kenyan businesses in addition to enhanced security and efficiency. This integration optimises customer satisfaction and drives business efficiency in a digital-first environment.

Tendaworld for Kenyan businesses

How can Zoho Sign bolster digital progression in Kenya?

The KICA recognises electronic signatures as legally binding, provided certain conditions are met. Here's how Zoho Sign ensures compliance:

  • Authentication:

    Zoho Sign offers multiple methods—including email authentication, SMS authentication, dynamic knowledge-based authentication, and identity verification via licensed Electronic Certification Service Providers (E-CSPs) that are accredited by the Communications Authority of Kenya.

  • Enhanced security:

    Zoho Sign employs robust encryption protocols, such as the military grade AES-256 encryption at rest and the TLS/SSL protocol in transit, to ensure that the data transmission between the signing platform and the data being signed is secure. This prevents exposure of documents and data from data breaches.

  • Audit trails:

    Modifications made to the document after signing should be easily detectable. This is achieved with comprehensive audit trails that record the entire signing process, timestamps, IP addresses, and other activities of relevance.

  • Legal recognition:

    Zoho Sign adheres to the requirements outlined in the KICA to ensure that e-signatures created using the application are legally recognised and enforceable in Kenya.

Document timestamping

A digital timestamp is a digitally signed notation that is appended to the electronic data, digital signature, or certificate that indicates that certain digital data exists at a certain point in time. This process securely binds the date and time to the document, ensuring its authenticity and integrity.

Zoho Sign partners with recognised timestamping authorities, GlobalSign and Seiko, to provide trusted digital timestamps for electronic transactions. These timestamps validate the authenticity of e-signatures and verify that the signed document existed in the given form at the time of signing and remains unaltered, adding a robust layer of security to the signing process. By making signatures tamper-proof, digital timestamps enhance the reliability of signed documents for both legal and commercial purposes.

GlobalSign for Kenyan businessesSeiko for Kenyan businesses

Digital Master Plan

The Kenya Digital Master Plan outlines a strategic roadmap for the country's digital transformation over a ten-year period, spanning from 2022 to 2032. The plan encompasses various initiatives aimed at fostering innovation and driving socioeconomic development.

As Kenya embraces its digital evolution, digital signatures are a crucial part of this transformative journey. Zoho Sign allows users to sign, send, and manage documents online while maintaining legal compliance, which positions Kenya as a leading digital economy in Africa.

Conclusion

With the increasing digitisation of Kenyan businesses and government services, it's likely that the demand for e-signatures will grow multifold and become a prominent part of the Kenyan economy. Zoho Sign adheres to the KICA, aiding Kenyan users in ensuring the validity and enforceability of electronic documents. With its simple interface, enhanced security features, and intensive audit trails, Zoho Sign can be your go-to solution for meeting the requirements of present-day transactions.

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Disclaimer

The information provided in this document is for general informational purposes only and shall not be construed as legal, regulatory, or any other form of professional advice. Zoho Sign disclaims any liability for any error in the information provided herein. We recommend that you consult your legal counsel for any questions that you may have in this regard.