This is the version of this Act as it was from 31 December 2022 to 26 December 2024. Read the latest available version.
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LAWS OF KENYA
NATIONAL ELECTRONIC SINGLE WINDOW SYSTEM ACT
CAP. 485D
- Published in Kenya Gazette Vol. CXXIV—No. 141 on 22 July 2022
- Assented to on 21 June 2022
- Commenced on 11 July 2022
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the National Electronic Single Window System Act.2. Interpretation
In this Act, unless the context otherwise requires—"addressee" in respect of a data message, means a person who is intended by the person originating the data message to receive the data message, but not a person acting as an intermediary in respect of the data message;"advanced electronic signature" has the meaning assigned to it under section 2 of the Kenya Information and Communications Act (Cap. 411A);"Agency" means the Kenya Trade Network Agency established under section 26;"authorised person" means a person authorised by the Agency as a user of the System;"Board" means the Board of Directors of the Agency established under section 28;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to finance;"computer" has the meaning assigned to it under section 2 of the Kenya Information and Communications Act (Cap. 411A);"customs" has the meaning assigned to it under section 2(1) of the East African Community Customs Management Act, (No. 1 of 2005);"data" has the meaning assigned to it under section 2 the Kenya Information and Communications Act (Cap. 411A);"data message" means data message generated, sent, received or stored by computer and includes—3. Objective of the Act
The objective of the Act is to provide a single platform for facilitation of trade through integration of systems of Government and private entities.4. Application of the Act
The Act shall apply to Government entities, persons importing or exporting goods and to persons involved in domestic trade.5. Guiding principles
The Agency and users of the System shall be guided by the following principles—Part II – THE ESTABLISHMENT AND ADMINISTRATION OF THE NATIONAL ELECTRONIC SINGLE WINDOW SYSTEM
6. The establishment of the National Electronic Single Window System
7. Objectives of the System
The main objectives of the System shall be—8. Administration of the System
9. Other agencies to co-operate with the Agency
Government entities shall co-operate with the other agencies to Agency in-10. Technical aspects of System
11. Fees
The Agency may—12. Registration of users
13. Co-operation with other institutions or agencies
The Agency shall, for the purposes of establishing co-operation with a regional or international electronic single window system—Part III – IMPROVING CERTAINTY IN RELATION TO ELECTRONIC INFORMATION AND ELECTRONIC COMMUNICATION IN THE SYSTEM
14. Agency to be responsible for electronic transactions relating to trade
15. Legal effect of electronic records
Information submitted, communicated or referred to in an electronic form in the System by the user, shall have the same legal effect as if it was submitted in a physical form.16. Electronic submission of documents and access to information
17. Notarisation, acknowledgement and certification
18. Multiple copies and Seal requirements
19. Time of dispatch
An electronic communication in the System shall be deemed to have been dispatched at the time the electronic communication first enters an information system outside the control of the originator.20. Time of receipt
An electronic communication in the System shall be deemed to have been received—21. Integrity of information to be maintained
22. Delivery of data message
23. Requirements relating to retention of information
In addition to the requirements prescribed under section 83I of the Kenya Information and Communication where a person is required to retain information that is information, contained in the System, that person shall—24. Requirement to provide or produce information in electronic form
The Agency shall provide or produce information that is in paper or other non-electronic form by providing or producing the information in electronic form, whether by means of an electronic communication or otherwise, if—25. Requirement to provide or to produce information in paper form
The Agency shall when required, provide or produce information that is in electronic form—Part IV – ESTABLISHMENT AND FUNCTIONS OF THE KENYA TRADE NETWORK AGENCY
26. Establishment of the Agency
27. Functions of the Agency
The functions of the Agency shall be to—28. Board of Directors
29. Vacancy of office
A member of the Board other than an ex officio member shall cease to hold office if the member—30. Powers of the Board
31. Delegation by the Board
The Board may, by resolution either generally in any particular case, delegate to a committee of the Board, or to any member, officer, employee or agent of the Agency the exercise of any powers or the performance of any of the functions or duties the Agency as authorized by this Act to exercise or perform.32. Chief Executive Officer
33. Staff of the Agency
The Agency may employ such other staff or agents as it considers necessary for the discharge of its functions and duties under this Act, upon such terms and conditions as the Cabinet Secretary may, in consultation with the Board, determine.Part V – FINANCIAL PROVISIONS
34. Funds of the Agency
The funds of the Agency shall consist of—35. Financial Year
The financial year of the Agency shall be the period of twelve months ending on the thirtieth of June each year.36. Annual budget estimates
37. Accounts and Audit
Part VI – GENERAL PROVISIONS
38. Copyright
The copyright in a work shall be deemed not to have been infringed by any of the following acts if they carried out for the purposes of meeting a requirement under this Act—39. Security of the System
40. Limitation of liability in relation to the System
41. General penalty
A person who contravenes the provisions of this Act commits an offence and shall be liable, upon conviction, to a fine not exceeding five hundred thousand shillings or to an imprisonment for a term not exceeding one year or to both.42. Sanctions
43. Regulations
44. [Spent]
45. Transition
46. [Spent]
History of this document
27 December 2024
31 December 2022 this version
Revised by
24th Annual Supplement
22 July 2022
11 July 2022
Commenced
21 June 2022
Assented to
Cited documents 19
Act 18
1. | Environmental Management and Co-ordination Act | 1128 citations |
2. | Public Finance Management Act | 690 citations |
3. | Kenya Information and Communications Act | 619 citations |
4. | Societies Act | 373 citations |
5. | Alcoholic Drinks Control Act | 303 citations |
6. | Energy Act | 281 citations |
7. | Statutory Instruments Act | 241 citations |
8. | Kenya Ports Authority Act | 187 citations |
9. | Crops Act | 153 citations |
10. | Public Audit Act | 114 citations |
Legal Notice 1
1. | Kenya Trade Network Agency Order | 1 citation |
Documents citing this one 8
Gazette 5
1. | Kenya Gazette Vol. CXXV-No. 122 | |
2. | Kenya Gazette Vol. CXXV-No. 221 | |
3. | Kenya Gazette Vol. CXXV-No. 224 | |
4. | Kenya Gazette Vol. CXXV-No. 225 | |
5. | Kenya Gazette Vol. CXXV-No. 257 |
Act 2
1. | Crops Act | 153 citations |
2. | Kenya Maritime Authority Act | 33 citations |
Bench Bulletin 1
1. | Bench Bulletin - Issue 58 |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The National Electronic Single Window System (General) Regulations, 2023 | Legal Notice 214 of 2023 | 5 January 2024 |