2008, 2013, CA, Communications Authority of Kenya, Consumer Protection, Data Protection, Electronic Transactions, intermediary, Kenya Information and Communications Act, Liability, obligations, Regulations, Service Providers
Late last year, the Communications Authority of Kenya (CA) published six Draft Kenya Information and Communications Regulations inviting stakeholders and members of the public to provide comments on these Regulations. One of these Regulations is the Kenya Information and Communications (Electronic Transactions) Regulations 2016 which are a new set of regulations developed following amendments to the Constitution in 2010 and the Kenya Information and Communications Act in 2013.
From the discussion of the draft below, one forms the general view that these proposed Electronic Transactions Regulations ought to be re-drafted as a stand-alone Act of Parliament as opposed to being mere subsidiary legislation. Be it as it may, the draft contains a number of technically impracticable provisions, unclear terms blurring the line between service providers and clients.