- Section 32 of Computer Misuse and Cybercrime Act No 5 of 2018: Willful misdirection of electronic messages
A person who willfully misdirects electronic messages commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.
- Section 33 of Computer Misuse and Cybercrime Act No 5 of 2018: Cyber terrorism
(1) A person who accesses or causes to be accessed a computer or computer system or network for purposes of carrying out a terrorist act, commits an offence and shall on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years, or to...
- Section 34 of Computer Misuse and Cybercrime Act No 5 of 2018: Inducement to deliver electronic message
A person who induces any person in charge of electronic devices to deliver any electronic messages not specifically meant for him commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding two years or to both.
- Section 35 of Computer Misuse and Cybercrime Act No 5 of 2018: Intentionally withholding message delivered erroneously
A person who intentionally hides or detains any electronic mail, message, electronic payment, credit and debit card which was found by the person or delivered to the person in error and which ought to be delivered to another person, commits an offence and is liable on conviction a fine not exceeding...
- Section 36 of Computer Misuse and Cybercrime Act No 5 of 2018: Unlawful destruction of electronic messages
A person who unlawfully destroys or aborts any electronic mail or processes through which money or information is being conveyed commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding two years, or to both.
- Section 37 of Computer Misuse and Cybercrime Act No 5 of 2018: Wrongful distribution of obscene or intimate images
A person who transfers, publishes, or disseminates, including making a digital depiction available for distribution or downloading through a telecommunications network or though any other means of transferring data to a computer, the intimate or obscene image of another person commits an offence and...
- Section 38 of Computer Misuse and Cybercrime Act No 5 of 2018: Fraudulent use of electronic data
(1) A person who knowingly and without authority causes any loss of property to another by altering, erasing, inputting or suppressing any data stored in a computer, commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings or imprisonment for a term not...
- Section 39 of Computer Misuse and Cybercrime Act No 5 of 2018: Issuance of false e-instructions
A person authorized to use a computer or other electronic devices for financial transactions including posting of debit and credit transactions, issuance of electronic instructions as they relate to sending of electronic debit and credit messages or confirmation of electronic fund transfer, issues...
- Section 40 of Computer Misuse and Cybercrime Act No 5 of 2018: Reporting of cyber threat
(1) A person who operates a computer system or a computer network, whether public or private, shall immediately inform the Committee of any attacks, intrusions and other disruptions to the functioning of another computer system or network within twenty four hours of such attack, intrusion or...
- Section 41 of Computer Misuse and Cybercrime Act No 5 of 2018: Employee responsibility to relinquish access codes
(1) An employee shall, subject to any contractual agreement between the employer and the employee, relinquish all codes and access rights to their employer's computer network or system immediately upon termination of employment.
(2) person who contravenes the provision of this subsection (1)...
- Section 42 of Computer Misuse and Cybercrime Act No 5 of 2018: Aiding or abetting in the commission of an offence
(1) A person who knowingly and willfully aids or abets the commission of any offence under this Act commits an offence and is liable, on conviction, to a fine not exceeding seven million shillings or to imprisonment for a term not exceeding four years, or to both.
(2) A person who knowingly and...
- Section 43 of Computer Misuse and Cybercrime Act No 5 of 2018: Offences by a body corporate and limitation of liability
(1) Where any offence under this Act has been committed by a body corporate—
(a) the body corporate is liable, on conviction, to a fine not exceeding fifty million shillings; and
(b) every person who at the time of the commission of the offence was a principal officer of the body corporate, or...
- Section 44 of Computer Misuse and Cybercrime Act No 5 of 2018: Confiscation or forfeiture of assets
(1) A court may order the confiscation or forfeiture of monies, proceeds,properties and assets purchased or obtained by a person with proceeds derived from or in the commission of an offence under this Act.
(2) The court may, on conviction of a person for any offence under this Act make an order of...
- Section 45 of Computer Misuse and Cybercrime Act No 5 of 2018: Compensation order
(1) Where the court convicts a person for any offence under this Part, or foran offence under any other law committed through the use of a computer system, the court may make an order for the payment by that person of a sum to be fixed by the court as compensation to any person for any resultant...
- Section 46 of Computer Misuse and Cybercrime Act No 5 of 2018: Additional penalty for other offences committed through use of a computer system
(1) A person who commits an offence under any other law through the use of a computer system commits an offence and shall be liable on conviction to a penalty similar to the penalty provided under that law.
(2) A Court shall, in determining whether to sentence a person convicted ofan offence under...
- Section 47 of Computer Misuse and Cybercrime Act No 5 of 2018: Scope of procedural provisions
(1) All powers and procedures under this Act are applicable to and may beexercised with respect to any —
(a) criminal offences provided under this Act;
(b) other criminal offences committed by means of a computer system established under any other law; and
(c) the collection of evidence in...
- Section 48 of Computer Misuse and Cybercrime Act No 5 of 2018: Search and seizure of stored computer data
(1) Where a police officer or an authorised person has reasonable grounds to believe that there may be in a specified computer system or part of it, computer data storage medium, program, data, that—
(a) is reasonably required for the purpose of a criminal investigation or criminal proceedings...
- Section 49 of Computer Misuse and Cybercrime Act No 5 of 2018: Record of and access to seized data
(1) Where a computer system or data has been removed or rendered inaccessible, following a search or a seizure under section 48, the person who made the search shall, at the time of the search or as soon as practicable after the search —
(a) make a list of what has been seized or rendered...
- Section 50 of Computer Misuse and Cybercrime Act No 5 of 2018: Production order
(1) Where a police officer or an authorised person has reasonable grounds tobelieve that —
(a) specified data stored in a computer system or a computer data storage medium is in the possession or control of a person in its territory; and
(b) specified subscriber information relating to services...
- Section 51 of Computer Misuse and Cybercrime Act No 5 of 2018: Expedited preservation and partial disclosure of traffic data
(1) Where a police officer or an authorised person has reasonable grounds to believe that —
(a) any specified traffic data stored in any computer system or computer data storage medium or by means of a computer system is reasonably required for the purposes of a criminal investigation;...
- Section 52 of Computer Misuse and Cybercrime Act No 5 of 2018: Real-time collection of traffic data
(1) Where a police officer or an authorised person has reasonable grounds to believe that traffic data associated with specified communications and related to the person under investigation is required for the purposes of a specific criminal investigation, the police officer or authorised person may...
- Section 53 of Computer Misuse and Cybercrime Act No 5 of 2018: Interception of content data
(1) Where a police officer or an authorised person has reasonable grounds to believe that the content of any specifically identified electronic communications is required for the purposes of a specific investigation in respect of an offence, the police officer or authorised person may apply to the...
- Section 54 of Computer Misuse and Cybercrime Act No 5 of 2018: Obstruction and misuse of power
(1) A person who obstructs the lawful exercise of the powers under this Part,including destruction of data, or fails to comply with the requirements of this Part is liable, on conviction, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to...
- Section 55 of Computer Misuse and Cybercrime Act No 5 of 2018: Appeal
Any person aggrieved by any decision or order of the Court made under this Part, may appeal to the High Court or Court of Appeal as the case may be within thirty days from the date of the decision or order.
- Section 56 of Computer Misuse and Cybercrime Act No 5 of 2018: Confidentiality and limitation of liability
(1) A service provider shall not be subject to any civil or criminal liability, unless it is established that the service provider had actual notice, actual knowledge, or willful and malicious intent, and not merely through omission or failure to act, had thereby facilitated, aided or abetted the...
- Section 57 of Computer Misuse and Cybercrime Act No 5 of 2018: General principles relating to international cooperation
(1) This Part shall apply in addition to the Mutual Legal Assistance Act, 2011 (No. 36 of 2011) and the Extradition (Contiguous and Foreign Countries) Act (Cap. 76).
(2) The Central Authority may make a request for mutual legal assistance in any criminal matter to a requested State for purposes...
- Section 58 of Computer Misuse and Cybercrime Act No 5 of 2018: Spontaneous information
(1) The Central Authority may, subject to this Act and other relevant law, without prior request, forward to a foreign State information obtained within the framework of its own investigations when it considers that the disclosure of such information might assist the foreign State in initiating or...
- Section 59 of Computer Misuse and Cybercrime Act No 5 of 2018: Expedited preservation of stored computer data
(1) Subject to section 57, a requesting State which has the intention to make a request for mutual legal assistance for the search or similar access, seizure or similar securing or the disclosure of data, may request the Central Authority to obtain the expeditious preservation of data stored by...
- Section 60 of Computer Misuse and Cybercrime Act No 5 of 2018: Expedited disclosure of preserved traffic data
Where during the course of executing a request under section 57 with respect to a specified communication, the investigating agency discovers that a service provider in another State was involved in the transmission of the communication, the Central Authority shall expeditiously disclose to the...
- Section 61 of Computer Misuse and Cybercrime Act No 5 of 2018: Mutual assistance regarding accessing of stored computer data
(1) Subject to section 57, a requesting State may request the Central Authority to search or similarly access, seize or similarly secure, and disclose data stored by means of a computer system located within the territory of Kenya, including data that has been preserved in accordance with section...