Rev. 2011]
Kenya Information and Communications
CAP. 411A
67
83H. Where any law provides that documents, records or Retention of
information shall be retained for any specific period, then that electronic records.
requirement shall be deemed to have been satisfied where such 1 of 2009, s. 31.
documents, records or information are retained in electronic form if:
(a) the information contained therein remains accessible so as
to be usable for subsequent reference;
(b) 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
(c) the details which will facilitate the identification of the
original destination, date and time of dispatch or receipt
of such electronic record are available in the electronic
record;
Provided that this clause shall not apply to any information
which is automatically generated solely for the purpose of enabling an
electronic record to be dispatched or received.
Retention of
83I. (1) Where any law requires information to be presented or
information in
retained in its original form, that requirement is met by an electronic original form.
record if:
1 of 2009, s.31.
(a) there exists a reliable assurance as to the integrity of the
information from the time when it was first generated in its
final for as an electronic message or otherwise; and
(b) where it is required that information be presented, that
information is capable of being displayed to the person to
whom it is to be presented.
(2) Sub-section (1) applies whether the requirement therein
is in the form of an obligation or whether the law simply provides
consequences for the information not being presented or retained in
its original form.
(3) For the purposes of sub-section (1)(a):
(a) the criteria for assessing integrity shall be whether the
information has remained complete and unaltered, apart
from the addition of any endorsement and any change which
arises in the normal course of communication, storage and
display; and