ALL IT TAKES IS TO HAVE THE INFORMATNION TECHNOLOGY ACT

STATEMENT OF OBJECTIVE’S AND REASONS.

New communication systems and digital technology have made dramatic changes in the way we live. A revolution is occurring in the way people transact business. Business and customers are increasingly using computer to create, transmit and store information in the electronic form instead of traditional paper document. Information stored in electronic form has many advantages. It is cheaper, easier to store, retire and speedier to communicate, Although people are aware of this advantages they are reluctant to conduct business or conclude any transaction in the electronic form due to lack of appropriate legal frame work.


The two principal hurdles which stand in the way of facilitating electronic commerce and electronic governance are the requirements as to writing and signature for legal recognition. At present much legal provision assume the existence of paper based records and documents and records which should bear signatures. The law of evidence is traditionally based upon paper based records and oral testimony, since electronic commerce eliminates the need for paper based transactions hence to facilitate e-commerce, the need for legal changes have become urgently necessary.


International trade through the medium of e-commerce is growing rapidly in the past few years and many countries have switched over from traditional paper based commerce to e-commerce.


The United Nations commission on international trade law (UNCITRAL) adopted three model laws on electronic commerce in 1996. The general Assembly of United Nations by its resolution number 51/162 dated 30th January, 1997 recommended that all states should give favorable considerations to the said model law when they enact or revise their laws. Model law provides for equal legal treatment of users of electronic communications and paper based communication. Pursuant to a recent declaration by member countries, the world trade organization is likely to form a work programme to handle. Its work in this area including the possible creation of multilateral trade deals through the medium of electronic commerce.



There is a need for bringing in suitable amendments in the existing laws in our country to facilitate e-commerce. It is therefore, proposed to provide for legal recognition of electronic records and digital signatures. This will enable the conclusion of contracts and the creation of rights and obligations through the electronic medium. It is also proposed to provide for a regulatory regime to supervise the certifying authorities issuing Digital signature certificates.



To prevent the possible misuse arising out of transactions and other dealings concluded over the electronic medium. It is also proposed to create a civic and criminal liabilities for contravention of the provisions of the proposed legal legislation with a view to facilitate electronic governance. It is proposed to provide for the use and acceptance of electronic

records and digital signature in the government offices and its agencies.



This will make the citizens interaction with government offices hassles free. It is also proposed to make consequential amendments in the Kenyan penal code and the Kenyan Evidence Act to provide for necessary changes in the various provisions which deals with offense relating to document and paper based transactions. It is also proposed to amend the Central Bank of Kenya Act, to facilitate electronic fund transfers between the financial institution and banks and the Banker’s Book of evidence Act. to give legal sanctity for books of account maintained in the electronic form by the banks.


The government of Kenya must work towards improving the policy climate in the country. However, more de-regulation needs to take place in core infrastructure area such as telecom. In the absence of complete policy reforms in the telecom sector the Kenya’s ICT growth vision could get severely hampered.


Some tremendous gains have been made by the computerization of the government functioning, not only in strengthening the delivery of existing services but also by improving policy planning and implementation though more effective provision of information to policy makers. The direct and immediate benefits of the use of IT in government are improvements in service quality, efficiency and government people relationships by providing quick, easy and transparent access to information.


There is an urgent need to target basic needs such as primary education basic health service, water sanitation requirement particularly in rural areas. The New ICT applications and content relevant to the demand in rural areas, can drastically improve the delivery of information related services to people in general and agriculture extension services and provision of health and social services in rural areas in particular.


The policy makers must take into consideration the broader picture when designing IT policy and treat it as a part of an overall economic strategy in which sound economic polices will benefit the IT sector and diffusion of IT will have positive effects on economic development and social between, local bodies, the local administration and NGO’s appear to hold the Key. Development of applications such as online system for community baking, will contribute to the economic sustainability of the operations. It will also go a long way to humanize and sensitize the Kenyan information revolution.