National Electronic Single Window System Act
2. Interpretation
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, 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 data message generated, sent, received or stored by computer and includes—(a)voice, where the voice is used in an automated transaction; and(b)a stored record;"disclosure" in relation to personal information, includes the disclosure of information extracted from data or the transfer of such data, but does not include disclosure made directly by a user to an employee or agent for the purposes of enabling the employee or agent to carry out the employee’s or agent’s duties;"electronic form" has the meaning assigned to it under section 2 of the Kenya Information and Communications Act (Cap. 411A);"electronic record" has the meaning assigned to it under section 2 of the Kenya Information and Communications Act (Cap. 411A);"electronic signature" has the meaning assigned to it under section 2 of the Kenya Information and Communications Act (Cap. 411A);"electronic communication" means communication by means of data messages;"electronic records system" includes a computer system or other similar device by or in which data is recorded or stored and the procedure for recording and storing of electronic records;"electronic transaction" means the exchange of information or data or the sale or purchase of goods or services between businesses, households, individuals, governments or public or private organizations, conducted over computer-mediated networks;"information" includes data, text, images, sounds, codes, computer programmes, software and databases;"information system" means a system for generating, sending, receiving, storing, displaying or otherwise processing data messages and includes the internet or any other information sharing system;"intermediary" means a person who, on behalf of another person, whether as an agent or not, sends, receives or stores a particular data message or provides other services with regard to that message;"originator" means a person by whom or on whose behalf, a data message is sent or generated prior to storage, but does not include a person acting as an intermediary in respect of that data message;"services" include any facility and value-addition products offered by the Agency or any user of the System for facilitating trade;"System" means the National Electronic Single Window System established under section 6;"service level agreement" means any contract entered into between the Agency and a user of the System that defines the level of service that the user of the System is expected to provide;"Shippers Council of East Africa" means the Shippers Council of East Africa registered under the Societies Act (Cap. 108);"trade" means domestic, cross-border and international trade on goods either through exchange in airports, seaport, dry ports or imports or exports on exports on transit.Source: Kenya Law