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CAP. 411A
Kenya Information and Communications
[Rev. 2011
(b) has the express or implied consent of the person empowered
to authorize him to have such an access;
(c) has reasonable grounds to believe that he had such consent
as specified under paragraph (b) above; or
(d) is acting in reliance of any statutory power for the purpose of
obtaining information, or taking possession of any document
or other property.
Access with intent to
commit offences.
1 of 2009, s. 31.
83V. (1) Any person who causes a computer system to perform
any function for the purpose of securing access to any program or data
held in any computer system, with intent to commit an offence under
any law, shall commit an offence and shall, on conviction be liable to a
fine not exceeding two hundred thousand shillings or to imprisonment
for a term not exceeding two years or both.
(2) For the purposes of this section, it is immaterial that—
(a) the access referred to in subsection (1) is authorized or
unauthorized;
(b) the further offence to which this section applies is committed
at the same time when the access is secured or at any other
time.
Unauthorized access
to and interception of
computer service.
1 of 2009, s. 31.
83W. (1) Subject to subsection (3), any person who by any means
knowingly:—
(a) secures access to any computer system for the purpose of
obtaining, directly or indirectly, any computer service;
(b) intercepts or causes to be intercepted, directly or indirectly,
any function of, or any data within a computer system, shall
commit an offence.
(2) A person convicted for an offence under subsection (1) shall
be liable on conviction to a fine not exceeding five hundred thousand
shillings or to imprisonment for a term not exceeding three years or
both.
(3) Where as a result of the commission of an offence under
subsection (1), the operation of the computer system, is impaired, or
data contained in the computer system is suppressed or modified, the
person convicted of such offence shall be liable on conviction to a fine
not exceeding two hundred thousand shillings or to imprisonment for