Examining “Electronic Fraud” in Kenya and the Impact on Commercial Justice

Abstract

Postmodern time has transformed the world status of affairs in doing business, perceiving and conceiving law in society today. One of the key challenges is the strategic shift from the use of analogue to digital means of transacting business. It is a fact that business behaviour has evolved from man in the cave to man of the computer rendering the world order more efficient. The more we appreciate technology and historic scientific discoveries the more we get into various challenges. New media have brought along new crimes such as, cybercrimes, internet, or computer crimes. Now that many people are hyperconnected in cyberspace, a reality that is becoming increasingly busier, people are interacting freely in carrying out their affairs online. Use of computer is no longer a privilege for the elite who gather to disseminate information but an open space for doing real business. Consequently, this comes with a price to pay, namely, new financial offences such as online fraud. The author is interested in exploring how e-commerce is changing behaviour of business in Kenya today. The discussant is pre-empting legal implications of the e-commerce and how law and policy makers should promptly respond