|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|84A. Unlawful possession of devices and data.|
|Modification of conditions of licence.||National Communication Secretariat.|
|Unlawful possession of devices and data. 1 of 2009 s.31||
84A. Any person who knowingly manufactures, sells, procures for use, imports, distributes or otherwise makes available a computer system or any other device designed or adapted primarily for the purpose of committing any offence under sections 83U to 83Z, shall commit an offence.
(2) Any person who knowingly receives, or is in possession, without sufficient excuse or justification, of one or more of the devices under subsection (1) shall commit an offence.
(3) Any person who is found in possession of any data or program with the intention that the data or program be used, by the person himself or another person, to commit or facilitate the commission of an offence under this Act, shall commit an offence.
(4) For the purposes of subsection (3), possession of any data or program includes –
(a) having possession of a computer system or data storage device that holds or contains the data or program;
(b) having possession of a document in which the data or program is recorded; or
(c) having control of data or program that is in the possession of another person.
(5) Where a person is convicted under this section, he 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.