E-Signatures in Modern Kenya: Powering Business Transactions in 2025

Our blog post, “The Effect of a Signature: Revisiting Gallie v Lee,” came out on June 22, 2021. It looked at the role of signatures in Kenyan law, using the English case Gallie v Lee (1971) as a reference. The traditional view of a handwritten signature as proof of intent and authenticity was changing.

The Business Laws (Amendment) Act of March 2020 influenced this shift. It updated the Law of Contract Act (Cap 23) and formalised the use of electronic signatures (e-signatures), particularly “Advanced Electronic Signatures” (AES), under the Kenya Information and Communications Act (KICA) of 1998.

Fast forward to February 2025, and e-signatures have surged to the forefront of Kenyan business transactions, revolutionising commerce in a digital-first economy. Since our post on June 22, 2021, e-signatures have grown from a legal milestone to a commercial force in Kenya. They’ve not just changed how businesses work together, but also inspired a new era of efficiency and connectivity. New laws and a flexible court system support this transformative shift, paving the way for a more dynamic and innovative business landscape.

As we move deeper into 2025, we’re here to help you navigate this digital revolution. We’ll ensure your success in a world where signatures aren’t just ink on paper anymore. This article revisits the topic, spotlighting the current role of e-signatures, judicial import, and their transformative impact.

A Legal Turning Point

KICA laid the groundwork by introducing electronic transactions in 1998. However, the 2020 amendments marked a significant shift. The Civil Procedure Rules (Legal Notice 151 of 2010, revised as of December 31, 2022) further integrated digital processes into the judiciary, reflecting e-signatures’ growing acceptance. Since our 2021 post, Kenyan courts have gradually but steadily embraced e-signatures, a testament to the legal system’s adaptability and commitment to keeping pace with digital transformation.

By June 22, 2021, when we published our original blog, Kenya had embraced e-signatures. This was done through the Business Laws (Amendment) Act. This law amended statutes like the Law of Contract Act to recognize AES—signatures uniquely tied to the signatory, identifiable, under sole control, and tamper-evident—as legally equivalent to ink signatures.

Today, in 2025, e-signatures have matured from a legal innovation to a business necessity, driving efficiency and connectivity across Kenya’s commercial landscape.

Judicial Import

Since our June 2021 blog, Kenyan courts have gradually embraced e-signatures. However, there are still few landmark rulings on this subject.

The Civil Procedure Act (Cap 21) supports using electronic signatures (e-signatures) in court documents. This was updated by the Civil Procedure (Amendment) Rules, 2020 (Legal Notice No. 151 of 2020), which aligns with the broader digital transformation in legal processes.

Order 3, Rule 2 of the Civil Procedure Rules, updated on December 31, 2022, supports e-signatures. It allows pleadings like plaints and written statements to be filed electronically through the Judiciary’s e-filing system. Authentication using advanced electronic signatures (AES) meets the Kenya Information and Communications Act (Cap 411A).

This provision, bolstered by the Business Laws (Amendment) Act, 2020, recognises AES as legally equivalent to handwritten signatures, provided they are uniquely linked to the signatory, identifiable, and tamper-evident, ensuring their admissibility in court proceedings.

The judiciary is poised to refine e-signature jurisprudence, offering businesses clarity and confidence.

The 2025 Business Landscape: Opportunities and Imperatives

• Digital Dominance: E-signatures underpin Kenya’s digital economy, ranked among Africa’s top three by the World Bank. They power sectors like fintech, logistics, and e-government, driving not just growth, but also innovation. The opportunities that lie ahead in these sectors, fuelled by the power of e-signatures, are truly exciting.
• Cybersecurity Mandate: The Data Protection Act (2019) requires secure e-signature processes. Certified providers and encryption are essential to counter rising cyber risks, ensuring legal and operational integrity.
• Client Confidence: Educating consumers on e-signatures’ legality—rooted in KICA and judicial precedent—builds trust, especially in traditional banking and real estate sectors.

E-Signatures in 2025: Transforming Kenyan Commerce

1. Speed and Scale: E-signatures have redefined transaction timelines. Businesses—from Nairobi startups to Mombasa traders—use various platforms to execute contracts instantly. Whether it’s a service agreement or a purchase order, what once took days now takes minutes, fuelling Kenya’s economic dynamism.
2. Global Reach: With Kenya’s trade footprint expanding across East Africa and beyond, e-signatures enable seamless international deals. KICA’s provisions for recognising foreign providers (with local agents) ensure compatibility with tools like DocuSign, provided they meet AES standards. This positions Kenya as a hub for global commerce.
3. Property Transactions: The Land Registration Act amendments of 2020 permit e-signatures for certain land documents. This modernisation streamlines real estate deals, aligning with Kenya Vision 2030’s property sector goals and benefiting developers and investors.
4. SME Growth: Small and medium enterprises, vital to Kenya’s GDP, harness e-signatures to compete efficiently. SMEs use this technology to secure digital loans and sign e-commerce deals. This helps them overcome logistical barriers and grow their market presence.

In 2025, e-signatures will be the heartbeat of Kenyan commerce—fast, secure, and globally linked. But their benefits come with legal nuances. Are your contracts AES-compliant? Are you optimising efficiency without risking enforceability? Since charting this shift in 2021, Kubwa and Company Advocates have mastered Kenya’s digital legal terrain. Don’t miss out—let us propel your business forward in Kenya’s digital era.

Should you require more information, please do not hesitate to contact [email protected]