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Are online contracts enforceable in Kenya?
Kenya has currently witnessed rise in online transactions. Are online contracts legally binding?
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Comments:
Guest
said:
In Kenya, online contracts are recognized and enforceable under the law as per the Kenya Information and Communication Act (KICA).
There are however exceptions which include: negotiable instruments, the creation or execution of a will, and documents of title.
Kenya Information and Communication Act recognizes digitally signed contracts and electronic contracts formed in the course of transactions between parties using electronic means such as email.
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Maurice
said:
Yes, online contracts are generally enforceable in Kenya, as long as they meet the legal requirements for a valid contract under Kenyan law. However, it is important to note that certain types of contracts, such as real estate transactions and wills, may have additional formal requirements.
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Raphael
said:
Online contracts in Kenya are enforceable as long as they meet the essential elements of a valid contract. The Kenya Information and Communication Act ('KICA') recognizes digitally signed contracts and electronic contracts formed in the course of transactions between parties using electronic means such as email. The essential elements of a valid contract include: Offer, acceptance, intention to create legal relations, consideration, capacity of parties to contract, legality of the purpose, certainty of terms.
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Winfred
said:
Online contracts are enforceable as long as they meet the essential elements of a valid contract. In Kenya, online contracts are recognized under section 83J of the Kenya Information and Communication Act. For electronic documents to satisfy the requirement for valid retention of documents, the record must be retained in the format in which it was originally generated, sent or received and it must contain details which will facilitate identification of the original destination, date and time of dispatch or receipt of such an electronic record. Any matter made in writing is also satisfied if the matter is made available in an electronic document.
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