|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|83W. Unauthorized access to and interception of computer service|
|Modification of conditions of licence.||National Communication Secretariat.|
|Unauthorized access to and interception of computer service. 1 of 2009 s.31||
83W. (1) Subject to subsection (3), any person who by any means knowingly:–
(a) secures access to any computer system for the purpose of obtaining, directly or indirectly, any computer service;
(b) intercepts or causes to be intercepted, directly or indirectly, any function of, or any data within a computer system, shall commit an offence.
(2) A person convicted for an offence under subsection (1) shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or both.
(3) Where as a result of the commission of an offence under subsection (1), the operation of the computer system, is impaired, or data contained in the computer system is suppressed or modified, the person convicted of such offence shall be liable on conviction to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding two years or both.
(4) For the purpose of this section, it is immaterial that the unauthorized access or interception is not directed at-
(a) any particular program or data;
(b) a program or data of any kind; or
(b) a program or data held in any particular computer system.
(5) A person shall not be liable under subsection (1) where he –
(a) has the express or implied consent of both the person who sent the data and the intended recipient of such data;
(b) is acting in reliance of any statutory power.