Offences and Penalties under Kenya Computer Misuse and Cybercrimes Law, 2018

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President Uhuru Kenyatta has today, 16th May 2018, assented to the Computer Misuse and Cybercrimes Bill, 2018, effectively making it an Act of Parliament. 

This means that anyone caught contravening it is liable to prosecution and conviction based on its interpretation. 

The following are the offences and penalties outlined in the Act.

Unauthorised Access

Using a computer system to infringe security measures and gain unauthorized access will make the guilty party liable to a fine of up to Ksh. 5 million, a jail term of up to 5 years, or both.

Committing the above crime with intent to commit a further offence will make the guilty party liable to a fine of up to Ksh. 10 million, imprisonment of up to 10 years, or both.

Using unauthorised access to:-

a) cause significant financial loss

b) cause physical injury or death 

c) threaten public health or safety 

will make the guilty party liable to a fine of up to Ksh. 20 million, a jail term of up to 10 years, or both.

Unauthorized Interception

Intercepting and transmitting data without authorization will make the guilty party liable to a fine of up to Ksh. 10 million, a jail term of up to 5 years, or both. 

Committing the above crime leading to:-

a) cause significant financial loss

b) cause physical injury or death 

c) threaten public health or safety

will make the guilty party liable to a fine of up to Ksh. 20 million, a jail term of up to 5 years, or both.

Unauthorized Interference 

A party guilty of intentionally and without authorization acting to cause unauthorized interference to a computer system, program or data is liable to a fine of up to Ksh. 10 million, a jail term of up to 5 years, or both. 

Illegal Devices and Access Codes

Manufacturing, adapting, selling, obtaining, importing, supplying or distributing a device, program, password, or access code for the purpose of committing a cybercrime will make the guilty party liable to a fine of up to Ksh. 20 million, a jail term of up to 10 years, or both.

Receiving illegal devices and access codes will make the guilty party liable to a fine of up to Ksh. 10 million, a jail term of up to 5 years or both.

Disclosure of Passwords and Access Codes

Knowingly and without authorization disclosing passwords, access codes or any other means of gaining access to a program, data or computer system will make the guilty party liable to a fine of up to Ksh. 5 million, a jail term of up to 3 years, or both.

Disclosing passwords and access codes for wrongful gain, unlawful purpose or to occasion loss will make the guilty party liable to a fine of up to Ksh. 10 million, a jail term of up to 5 years, or both.

Protected Computer Systems

Committing the above offences on a protected computer systems will make the guilty party liable to a fine of up to Ksh. 20 million, a jail term of up to 20 years, or both. 

Protected computer systems include those used in connection with:

  • security, defence and international relations of Kenya
  • confidential criminal law information
  • communication infrastructure
  • financial and/or banking services
  • public utilities
  • police, civil defense and medical services
  • national registration services among others

Cyber Espionage

Unlawfully and intentionally performing or authorizing another person to commit an offence under the Cybercrimes Act will make the guilty party liable to a fine of up to Ksh. 10 million, jail term of up to 20 years, or both. 

Unlawfully possessing or intentionally providing data directly or indirectly to benefit a foreign country against the Republic of Kenya will make the guilty party liable to a fine of Ksh. 10 million, a jail term of 20 years, or both.

Publishing False Information

Publishing false or misleading information with intent to pass it as genuine will make the guilty party liable to a fine of Ksh. 5 million, a jail term of 2 years, or both.

Child Pornography

Producing, publishing or possessing child pornographic material will make the guilty party liable to fine of up to Ksh. 20 million, a jail term of 25 years or both. 

Cyberbullying and Cyberstalking 

Individually, or with others, directly or indirectly communicating with another person repeatedly, despite knowing that such actions cause: 

  • apprehension
  • fear of violence or damage of property
  • detrimental effects to the victim

amounts cyber-bullying and/or cyberstalking and makes the guilty party liable to a fine of up to Ksh. 20 million, a jail term of up to 10 years, or both.

Computer Forgery

Inputing, altering or deleting data resulting to inauthentic data that is made to appear authentic will make the guilty party liable to a fine of up to Ksh. 10 million, a jail term of up to 5 years, or both.
Note that the information provided above is redacted for purposes of summary and easy comprehension. Otherwise download the full Act below.

Download the Kenya Computer and Cybercrimes Bill 2017

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