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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.

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