Rev. 2011]
Kenya Information and Communications
CAP. 411A
73
a term not exceeding two years or both.
(4) For the purpose of this section, it is immaterial that the
unauthorized access or interception is not directed at—
(a) any particular program or data;
(b) a program or data of any kind; or
(c) a program or data held in any particular computer system.
(5) A person shall not be liable under subsection (1) where
he—
(a) has the express or implied consent of both the person who
sent the data and the intended recipient of such data;
(b) is acting in reliance of any statutory power.
83X. (1) Subject to subsections (3) and (4), any person who,
knowingly does an act which causes an unauthorized modification of
data held in any computer system shall, on conviction be liable to a fine
not exceeding five hundred thousand shillings or to imprisonment for
a term not exceeding three years or both.
(2) Where as a result of the commission of an offence under this
section:—
(a) the operation of the computer system;
(b) access to any program or data held in any computer; or
(c) the operation of any program or the reliability of any data,
is suppressed, modified or otherwise impaired
a person convicted for the offence shall be liable on conviction to a fine
not exceeding two hundred thousand shillings and or imprisonment for
a term not exceeding two years or both.
(3) A person shall not be liable under this section where he is
acting in reliance of any statutory power.
(4) A modification is unauthorized if:—
(a) the person whose act causes it is not himself entitled to
determine whether the modification should be made; and
Unauthorized
modification of
computer material.
1 of 2009, s. 31.