This archive report was first published on 5 December 2019.
Published on December 5, 2019, the Business Law (Amendment) Bill, 2019 proposes significant changes to the Business Registration and Registration of Documents Acts.
The amendments aim to reduce paperwork in government processes and improve Kenya's ranking in the World Bank Ease of Doing Business Index, from the current position 56 out of 190 economies to the top 30 by 2022.
According to the Bill, digital signatures could soon be recognised in legal documents, allowing parties to sign and exchange contracts electronically.
Entrepreneurs will also be able to register their businesses online, with the establishment of digital registries in Nairobi and Mombasa.
However, legal wills, negotiable instruments, and title deeds will still require physical signatures for them to be recognised by the law.
The Bill proposes the establishment of a searchable digital database of registered entities for public scrutiny.
“Electronic signature means data in electronic form affixed to or logically associated with other electronic data which may be used to identify the signatory in relation to the data message and indicate the signatory’s approval of the information contained in the data message,” explains the Bill.
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