This archive report was first published on 13 July 2020.
July 13, 2020, marked a significant shift in Kenya's legal landscape as the COVID-19 pandemic accelerated the digitization of various sectors, including the legal industry.
The increased usage of e-commerce since the outbreak of COVID-19 in mid-March has led to a surge in digital transactions and operations, with many businesses embracing e-commerce to maintain physical distancing.
Post-COVID legal services in Kenya have gone digital, with corporate transactions such as registration of new businesses, tax filings, and land registrations being conducted digitally even before the pandemic.
The pandemic has enhanced digitization in the legal sector, making access to justice a digital affair. This includes the filing of cases, payment of court filing fees, and conduct of proceedings.
However, the digitization of legal services has had a negative impact, causing job losses for some in the legal sector, particularly clerks and other paralegals who risk job cuts due to the minimal need for physical presence at court registries.
To remain competitive, paralegals must possess information technology skills and diversify their services to offer support to law firms, such as e-filing support services, which are in high demand.
Kenya's e-commerce legal environment is complex, with no standalone legislation on e-commerce. The laws and regulations are contained in several legislations, unlike in countries like the United Kingdom, where the law stands alone.
The lack of a standalone legislation exposes consumers to risks such as fraud, especially when the identity of the purported sellers, their contacts, and details are not known.
However, there are developments in the e-commerce sector in Kenya, including the recognition of electronic signatures and digital agreements, which are commendable.
Profits made from digital businesses will soon be subject to tax, an important development for those in e-commerce. However, compliance in matters of digital tax may be difficult due to the lack of a standalone e-commerce law.
