Rev. 2011]
Kenya Information and Communications
CAP. 411A
71
(b) the filing of any form, application or any other document
with any office, authority, body or agency owned or
controlled by the Government in a particular manner;
(c) the issue or grant of any licence, permit, sanction or approval
by whatever name called in a particular manner; or
(d) the receipt or payment of money in a particular manner;
then notwithstanding anything contained in such law for the time being
in force, such requirement shall be deemed to have been satisfied if such
filing, issue, grant, receipt or payment, as the case may be, is effected
by means of such electronic forms as may be prescribed by the Minister
in consultation with the Commission.
(2) The Minister may, for the purposes of sub-section (1), by
regulations prescribe:—
(a) the manner and format in which such electronic records
shall be filed, created or used;
(b) the manner or method of payment of any fee or charges
for filing, creation or issue of any electronic record under
sub-paragraph (a).
83T. Where any law provides that any rule, regulation, order, Electronic Gazette.
notification, or any other matter shall be published in the Gazette, then 1 of 2009, s.31.
such requirement shall be deemed to have been satisfied if such rule,
regulation, order, notification or any other matter is published in the
electronic Gazette;
Provided that where any rule, regulation, order, by-law,
notification or any other matter is published both in the printed and
electronic Gazettes, the date of publication shall be deemed to be the
date of the Gazette which was first published in any form.
83U. (1) Subject to subsections (2), any person who causes a Unauthorized access
computer system to perform a function, knowing that the access he has to computer data.
secured is unauthorized, shall commit an offence and shall on conviction 1 of 2009, s. 31.
be liable to a fine not exceeding two hundred thousand shillings or
imprisonment for a term not exceeding two years or both.
(2) A person shall not be liable under subsection (1) where
he:—
(a) is a person with a right to control the operation or use of the
computer system and exercises such right in good faith;