| CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME | ||
| 83U. Unauthorized access to computer data | ![]() |
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Modification of conditions of licence. | National Communication Secretariat. |
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| 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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