No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
29. Improper use of system
A person who by means of a licensed telecommunication system—
(a) sends a message or other matter that is grossly offensive or of an
indecent, obscene or menacing character; or
(b) sends a message that he knows to be false for the purpose of causing
annoyance, inconvenience or needless anxiety to another person,
commits an offence and shall be liable on conviction to a fine not exceeding fifty
thousand shillings, or to imprisonment for a term not exceeding three months, or
to both.
30. Modification, etc., of messages
A person engaged in the running of a licensed telecommunication system who,
otherwise than in the course of his duty, intentionally modifies or interferes with the
contents of a message sent by means of that system, commits an offence and shall
be liable on conviction to a fine not exceeding three hundred thousand shillings, or
to imprisonment for a term not exceeding three years, or to both.
31. Interception and disclosure
A licensed telecommunication operator who otherwise than in the course of his
business—
(a) intercepts a message sent through a licensed telecommunication
system; or
(b) discloses to any person the contents of a message intercepted under
paragraph (a); or
(c) discloses to any person the contents of any statement or account
specifying the telecommunication services provided by means of that
statement or account,
commits an offence and shall be liable on conviction to a fine not exceeding three
hundred thousand shillings, or to imprisonment for a term not exceeding three
years, or to both.
32. Tampering with telecommunication plant
A person who willfully, with intent to—
(a) prevent, obstruct or delay transmission of any message;
(b) interfere with the management or operation of a telecommunication
apparatus; or
(c) unlawfully intercept or acquaint himself or herself with the contents of
any message; vandalizes, damages, removes, tampers with, touches
or in any other way whatsoever interferes with any telecommunication
apparatus or telecommunication line, post, or anything whatsoever,
being part of or used in or about any licensed telecommunication
system,
commits an offence and shall be liable, on conviction to a fine of not less than five
million shillings or to imprisonment for a term of not less than ten years or to both.
[Act No. 12 of 2012, Sch.]
30