|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|83X. Unauthorized modification of computer material|
|Modification of conditions of licence.||National Communication Secretariat.|
|Unauthorized modification of computer material. 1 of 2009 s.31||
83X. (1) Subject to subsections (3) and (4), any person who, knowingly does an act which causes an unauthorized modification of data held in any computer system shall, on conviction be liable to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding three years or both.
(2) Where as a result of the commission of an offence under this section: –
(a) the operation of the computer system;
(b) access to any program or data held in any computer; or
(c) the operation of any program or the reliability of any data, is suppressed, modified or otherwise impaired
a person convicted for the offence shall be liable on conviction to a fine not exceeding two hundred thousand shillings and or imprisonment for a term not exceeding two years or both.
(3) A person shall not be liable under this section where he is acting in reliance of any statutory power.
(4) A modification is unauthorized if: –
(a) the person whose act causes it is not himself entitled to determine whether the modification should be made; and
(b) he does not have consent to the modification from any person who is so entitled.
(5) For the purposes of this section, it is immaterial whether an unauthorized modification or any intended effect of it, be permanent or merely temporary.