An Overview of The Laws and Regulations for E-Commerce in Kenya and China: A Comparative Study of The Kenyan and China E-Commerce Context.

Abstract

Kenya’s e-commerce sector has made significant strides, yet its growth remains hindered by the absence of a comprehensive legal framework tailored specifically for online business. Existing laws related to electronic transactions, consumer protection, and data privacy fall short in addressing the unique challenges faced by e-commerce. Many Kenyans find it hard to trust online commerce. In some countries like China, the rights of consumers who buy and sell on the Internet are clearly protected by law, but Kenya has not passed any laws to provide such protection. In Kenya, there is no legal basis or justification for regulating online trading platforms under the Kenya Information and Communications Act (KICA) as they do not fall under the category of electronic services that require a license from the Authority. This means consumers cannot benefit from the Consumer Protection Regulations, 2010 which apply only when the Authority's licensees offer services. In contrast, China has successfully developed an all-encompassing statute—the E-commerce Laws of the People’s Republic of China—that specifically targets e-commerce. This legal framework has been a driving force behind China’s exponential e-commerce growth, positioning it as the global leading country in this domain.This research delves into the comparative analysis of e-commerce laws and institutions in Kenya and China. It explores how Kenya’s lack of dedicated e-commerce legislation impedes its development and inhibits user trust. By examining China’s successful model, we identify actionable policies that Kenya can adopt to enhance its e-commerce sector. Key findings emphasize the importance of establishing a standalone e-commerce statute in Kenya, aligning it with international best practices. Implementing these recommendations not only fosters trust in online transactions but also unlocks Kenya’s full economic potential as a leading e-commerce player.