|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|83U. Unauthorized access to computer data|
|Modification of conditions of licence.||National Communication Secretariat.|
|Unauthorized access to computer data. 1 of 2009 s.31||
83U. (1) Subject to subsections (2), any person who causes a computer system to perform a function, knowing that the access he has secured is unauthorized, shall commit an offence and shall on conviction be liable to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding two years or both.
(2) A person shall not be liable under subsection (1) where he: –
(a) is a person with a right to control the operation or use of the computer system and exercises such right in good faith;
(b) has the express or implied consent of the person empowered to authorize him to have such an access;
(c) has reasonable grounds to believe that he had such consent as specified under paragraph (b) above; or
(d) is acting in reliance of any statutory power for the purpose of obtaining information, or taking possession of any document or other property.