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What laws govern online transactions in Kenya?
What laws govern online transactions in Kenya?
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Comments:
Winfred
said:
Online contracts are payments made over the internet in purchase goods and services. The main component of e - commerce is business to business transactions as it generates the highest volume of transactions. E- transactions are conducted in a way that makes it hard for consumers to inspect goods before making the purchase. For instance, in Kenya e- commerce consumers buy goods on platforms such as Jumia and have them delivered in couriers and this does not afford them enough time to inspect the goods. Another challenge faced by e- commerce firms/organizations and consumers in Kenya is protection for transactions involving parties from foreign jurisdictions. To protect consumer from such challenges, some rules and regulations have been established such as:
The Consumer Protection Act
This was enacted to protect consumers from unfair trade practices in trading transactions including Electonic transactions. It captures certain aspects of electronic transactions including internet and remote transactions.
ii) The Kenya Information and Communication Authorities (KICA)
The act allows and recognizes electronic contracts made by people engaging in digital transactions. It also creates a legal entity in the form of an electronic signature that is comprehensively defined in the body of the Act.
iii) The Evidence Act
Typically, Kenyan courts assume that electronic transactions accompanied by e-signatures bare authentic unless the litigants prove otherwise.
- Other statutes that have been enacted to protect consumers of goods and services include Trade Description Act, Anti-counterfeit Act, Standards Act among others.
iv) The private law measures are the law of contract and tort provide for consumer protection thereby allowing for direct measures that can be taken by consumers. Some of the areas where the law of contract has a bearing on, exclusive clauses and terms implied by a court in relation to services.
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