National Electronic Single Window System Act

Section 1. Short title Section This Act may be cited as the National Electronic Single Window System Act.

Section 2. Interpretation Section 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, 2004 (No. 1 of 2005) ; "data" has the meaning assigned to it under section 2 of the Kenya Information and Communications Act ( Cap. 411A ); "data message" means...

Section 3. Objective of the Act Section The objective of the Act is to provide a single platform for facilitation of trade through integration of systems of Government and private entities.

Section 4. Application of the Act Section The Act shall apply to Government entities, persons importing or exporting goods and to persons involved in domestic trade.

Section 5. Guiding principles Section simplicity and practicability;

Section 6. The establishment of the National Electronic Single Window System Section 6(1) There is established a system to be known as the National Electronic Single Window System. Section 6(2)(a) lodge documents electronically including import or export documents for processing and approval; and Section 6(2)(b) facilitate the electronic payment for fees and levies, due to the Government, on goods imported or exported for transactions submitted through the System. Section 6(3) Despite subsection (2) , the System may be used by a person involved in domestic trade transactions.

Section 7. Objectives of the System Section to facilitate the single-entry point submission and receipt of documents or any other information required for trade facilitation;

Section 8. Administration of the System Section 8(1) The System shall be administered by the Agency. Section 8(2) The Agency shall maintain the integrity and security System.

Section 9. Other agencies to co-operate with the Agency Section making and conducting service level agreements;

Section 10. Technical aspects of System Section 10(1) The Agency shall adopt relevant internationally accepted standards, procedures, documents, technical details and formalities for the effective implementation of the System. Section 10(2)(a) transparency in relation to procedures being undertaken through the System; Section 10(2)(b) security of trade data; Section 10(2)(c) simplicity and accessibility; Section 10(2)(d) confidentiality and privacy; Section 10(2)(e) reliability and consistency; Section 10(2)(f) scalability and interoperability; and Section 10(2)(g) efficiency.

Section 11. Fees Section 11(1)(a) levy nominal fees for its services as may be prescribed in Regulations; and Section 11(1)(b) facilitate, through the System, the collection of any other dues as agreed upon by relevant Government ministries, departments or agencies as provided for under any written law. Section 11(2)(a) prescribed fees payable to the Agency for its services; Section 11(2)(b) reduction of fees or exemption from payment of fees; and Section 11(2)(c) conditions for reduction of fees or exemption from payment of fees. [ Act No. 20 of 2024 , s. 35.]

Section 12. Registration of users Section 12(1) A person who is required to use the System shall apply to the Agency to be registered as a user of the System. Section 12(2) An application under subsection (1) shall be in the prescribed form. Section 12(3)(a) issue a notification of registration to a registered user of the System; and Section 12(3)(b) keep and maintain an electronic register of the registered users. Section 12(4)(a) reject an application under this section where a person fails to meet the conditions specified in the Regulations or any other law; Section 12(4)(b) contravenes the conditions specified in the Regulations made under this Act or any other law; or Section 12(4)(b)(i) contravenes the conditions specified in the Regulations made under this Act or any other law; or Section 12(4)(b)(ii) has been convicted of an offence under this Act or any other relevant law relating to improper access to or interference with the System.

Section 13. Co-operation with other institutions or agencies Section be the national lead agency; and

Section 14. Agency to be responsible for electronic transactions relating to trade Section 14(1) The provisions of Part VIA of the Kenya Information and Communications Act ( Cap. 411A ), or any other law relating to electronic transactions and cyber security shall apply to the System. Section 14(2)(a) facilitate electronic transactions by use of reliable electronic records; and Section 14(2)(b) promote public confidence in the integrity and reliability of electronic records in the system.

Section 15. Legal effect of electronic records Section 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.

Section 16. Electronic submission of documents and access to information Section 16(1)(a) produced, recorded, retained or presented in the form of a data message; and Section 16(1)(b) readily accessible in a manner which is usable for subsequent reference. Section 16(2) The Agency may provide information in the System for use by an authorised person. Section 16(3)(a) make a request for registration or deregistration; Section 16(3)(b) make an application; Section 16(3)(c) give, send or serve a notification; Section 16(3)(d) make, vary or cancel a transaction; Section 16(3)(e) deregister users; and Section 16(3)(f) handle any other matter that is relevant to the objects of the Act. Section 16(4) Despite any other provision in this Act, a legal prescription relating to the form or layout of, or the materials to be used for writing, information, or any similar requirement in the System, may not be compiled during the generation of information from the System.

Section 17. Notarisation, acknowledgement and certification Section 17(1) A signature, a statement or a document that requires to be notarised, acknowledged, verified or made under oath shall be fulfilled in the System by a secure electronic signature of a person authorised by law to sign or notarise the document attached, incorporated or is logically associated with the electronic record. Section 17(2) Where a person is required or permitted to provide a certified copy of a document which is in electronic form in the System, the requirement shall be deemed to have been fulfilled if that person provides a printout that has been certified to be a true copy of the document. Section 17(3) Where a person is required or permitted to provide a certified copy of a document and the document exists in paper or other physical form, that requirement shall be deemed to have been fulfilled if an electronic copy of the document is certified to be a true copy of the document and the certification is confirmed by the electronic signature of a person who is authorised to certify the document which is verified in advance in the System.

Section 18. Multiple copies and Seal requirements Section 18(1) A requirement that multiple copies of a document in the System are to be submitted to a person simultaneously shall be deemed to have been fulfilled by submitting a single data message which is capable of being reproduced by the person to whom the data message is submitted. Section 18(2) Where a document in the System is required to be sealed and the law does not prescribe the method or form by which it shall be sealed, that document may be sealed by electronic means. Section 18(3) For purposes of subsection (2) , a document is sealed if the document includes the electronic signature of the person authorised to seal the document.

Section 19. Time of dispatch Section 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.

Section 20. Time of receipt Section in the case of an addressee who has designated an information system for the purpose of receiving electronic communications, at the time the electronic communication enters that information system; or

Section 21. Integrity of information to be maintained Section 21(1) For the purposes of this Part, the integrity of information shall be deemed to have been maintained in the System if the information has remained complete and unaltered. Section 21(2) Despite subsection (1) , the integrity of the information shall not be deemed to have been altered merely because of the addition of any endorsement, or any material change that may have arisen in the normal course of communication, storage or display.

Section 22. Delivery of data message Section 22(1) Where the originator of a data message in the System specifies that the receipt of the message is conditional on acknowledgment, the data message shall be deemed as having not been sent until such acknowledgement is received by the originator. Section 22(2)(a) give notice to the addressee stating that an acknowledgment has not been received and specify a reasonable time within which the acknowledgment should be received; and Section 22(2)(b) treat the data message as though it has never been sent; or Section 22(2)(b)(i) treat the data message as though it has never been sent; or Section 22(2)(b)(ii) exercise any other rights that the addressee may have in respect of the data message. Section 22(3)(a) any communication from the addressee, whether automated or otherwise; or Section 22(3)(b) any conduct of the addressee which is sufficient to indicate to the originator that the addressee has received the data message. Section 22(4) Where the originator of a data message in the System receives an acknowledgment from the addressee, and unless there is evidence to the contrary, it shall be presumed that the addressee received the data me...

Section 23. Requirements relating to retention of information Section the origin of electronic communication;

Section 24. Requirement to provide or produce information in electronic form Section the form and means of the provision or production of the information ensures the maintenance of the integrity of the information, and the information is readily accessible for subsequent reference; and

Section 25. Requirement to provide or to produce information in paper form Section notify every person to whom the information is required to be provided or produced, of that fact; and

Section 26. Establishment of the Agency Section 26(1) There is hereby established an agency known as the Kenya Trade Network Agency. Section 26(2)(a) suing and being sued; Section 26(2)(b) purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 26(2)(c) borrowing and making investments; and Section 26(2)(d) doing or performing all such other things or acts, including entering into contracts as may be necessary or expedient for the furtherance of this Act and which may lawfully be done by a body corporate. Section 26(3) The headquarters of the Agency shall be in Nairobi.

Section 27. Functions of the Agency Section establish and manage the System and to facilitate trade;

Section 28. Board of Directors Section 28(1)(a) a non-executive chairperson appointed by the President; Section 28(1)(b) the Chief Executive Officer of the Agency appointed under section 32 ; Section 28(1)(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to finance or his or her representative; Section 28(1)(d) the Principal Secretary in the Ministry for the time being responsible for matters relating to trade or his or her representative; Section 28(1)(e) the Principal Secretary in the Ministry for the time being responsible for matters relating to transport or his or her representative; Section 28(1)(f) a representative from the Shippers Council of East Africa; and Section 28(1)(g) trade logistics; Section 28(1)(g)(i) trade logistics; Section 28(1)(g)(ii) information communication technology; or Section 28(1)(g)(iii) finance or administration. Section 28(2) The chairperson and members of the Board appointed under subsection (1) (f) and (g) shall hold office for a term of three years and shall be eligible for re-appointment for one further term.

Section 29. Vacancy of office Section resigns in writing to the Cabinet Secretary;

Section 30. Powers of the Board Section 30(1) The Board shall be responsible for the administration, management and development of the Agency. Section 30(2)(a) administer the assets and funds of the Agency in such manner and for such purposes as shall promote the best interests of the Agency; Section 30(2)(b) receive grants, donations or other moneys on behalf of the Agency; Section 30(2)(c) enter into association with such other institutions, persons, bodies or organizations within or outside Kenya as the Board may consider desirable appropriate in furtherance of the purposes for which the Agency is established; Section 30(2)(d) impose fees and charges as may be approved by the Cabinet Secretary, from time to time, for the use of any services provided by the Agency; and Section 30(2)(e) formulate and approve the strategies and plans for the Agency.

Section 31. Delegation by the Board Section 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.

Section 32. Chief Executive Officer Section 32(1) There shall be a Chief Executive Officer of the Agency competitively recruited and appointed by the Board who shall be responsible for the day to day operations and administration of the Agency. Section 32(2)(a) is a holder of a relevant post graduate degree from a university recognised in Kenya; and Section 32(2)(b) has at least ten years working experience at a senior management level. Section 32(3) The Chief Executive Officer shall serve for a term of four years renewable for a further and final term of four years and on such other terms and conditions as specified in the instrument of appointment.

Section 33. Staff of the Agency Section 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.

Section 34. Funds of the Agency Section such moneys as may be appropriated by Parliament;

Section 35. Financial Year Section The financial year of the Agency shall be the period of twelve months ending on the thirtieth of June each year.

Section 36. Annual budget estimates Section 36(1) The Board shall, in accordance with the Public Finance Management Act ( Cap. 412A ) cause to be prepared budget estimates of the Agency for that financial year. Section 36(2)(a) payment of retention, allowances and other charges in respect of the Board members and the staff of the Agency; Section 36(2)(b) payment of salaries, pensions, gratuities and other charges in respect of retirement benefits to the staff of the Agency; and Section 36(2)(c) proper maintenance, repair, and replacement of the equipment and other movable property of the Agency. Section 36(3) The Board shall approve the annual budget estimates before the commencement of the financial year to which they relate and once approved, the estimates shall be submitted to the Cabinet Secretary for approval. Section 36(4) No expenditure shall be incurred for the purposes of the Agency except in accordance with the annual budget estimates approved under subsection (3) or with the authorization of the Board given with prior written approval of the Cabinet Secretary.

Section 37. Accounts and Audit Section 37(1) The Board shall cause to be kept all proper books and other records of accounts of income, expenditure, assets and liabilities of the Agency. Section 37(2) Within a period of three months after the end of each financial year, the Board shall submit to the Controller of Budget and the Auditor-General, the financial statements of the Agency, in respect of that year. Section 37(3) The accounts of the Agency shall be audited and reported upon in accordance with the provisions of the Public Audit Act ( Cap. 412B ).

Section 38. Copyright Section the reproduction of a document from the System; and

Section 39. Security of the System Section 39(1)(a) the security of data in the System; Section 39(1)(b) ensuring that information is confidential and is used only for the purpose to which it is intended; Section 39(1)(c) taking precautions to ensure that electronic systems are secure from unauthorized access; and Section 39(1)(d) requiring user of the System to comply with applicable policies, written laws and Regulations relating to data protection. Section 39(2)(a) notify the users of any foreseeable and unforeseen service interruption within prescribed timelines; and Section 39(2)(b) provide an alternative method of payment.

Section 40. Limitation of liability in relation to the System Section 40(1) No suit, prosecution or other legal proceedings shall lie against the Agency or any officer or employee of the Agency for anything done or intended to be done in good faith under this Act or any rule or regulation made thereunder. Section 40(2) The provisions of this section do not relieve the Agency to pay compensation or damages to any person for any injury caused to them, their property or any of their interests caused by bad faith in the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially, of any works of the Agency. Section 40(3) Any expenses incurred by a person in any suit or prosecution brought against them in any court, in respect of any act which is done or purported to be done by them under the direction of the Agency, shall, if the courts finds that the act was not wilful default, be paid out of the funds of the Agency unless the person recovers the expenses in such suit or prosecution.

Section 41. General penalty Section 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.

Section 42. Sanctions Section 42(1) Despite the provisions of section 41 the Agency may sanction a person who contravenes any provision of this Act. Section 42(2)(a) blacklisting of a user of the System; Section 42(2)(b) suspension of access to the System; or Section 42(2)(c) any other sanction that the Agency may consider fit to impose from time to time. Section 42(3) A person whose access to the System has been suspended under this section may be given an opportunity to re-access the System, under conditions specified by the Agency.

Section 43. Regulations Section 43(1) The Cabinet Secretary may, in consultation with the Agency, make Regulations generally for the better carrying out of the purposes and objectives of this Act. Section 43(2)(a) administrative measures relating to the use of the System; Section 43(2)(b) the integration of paperless customs clearance with other regulatory bodies issuing trade, import, export or transit-related permits and certificates; Section 43(2)(c) the extension of the System to serve entire trade and logistics communities within airports, seaports and dry ports; Section 43(2)(d) the creation of national logistics platform interlinking the department responsible for customs, trading companies and the service sectors; Section 43(2)(e) the interconnection and integration of national single windows into bilateral or regional information exchange platforms; Section 43(2)(f) the timelines for the processing of any applications under this Act; Section 43(2)(g) procedures for registration, registrable particulars and other details relating to registration of users of the System; Section 43(2)(h) fees and levies; Section 43(2)(i) modes of payment of fees and levies; Section 43(2)(j) t...

Section 45. Transition Section 45(1) All rights, obligations and contracts which, immediately before coming into operation of this Act, were vested in or imposed on the former Board shall by virtue of this section, be deemed to be the rights, obligations and contracts of the Board. Section 45(2) Upon the commencement of this Act, any member of the former Board shall be deemed to be a member of the reconstituted Board for the unexpired period of his or her term of service. Section 45(3) Every person who immediately before the commencement of this Act was an officer or member of staff of the former Board shall be an officer or member of staff of the Board. Section 45(4) The Chief Executive Officer of the former Board shall be the Chief Executive Officer of the Board and shall serve for his or her unexpired term. Section 45(5) In this section, "former Board" means the Board of the Kenya Trade Network Agency established under the Kenya Trade Network Agency Order, 2010 (now revoked).