Rev. 2011]

Kenya Information and Communications

CAP. 411A

29

Offences Relating to Telecommunications Services
28. A person who dishonestly facilitates or obtains a service Obtaining service
provided by a person authorised under this Act to provide dishonestly.
1 of 2009, s.10.
telecommunication services with intent to avoid payment of any charge
applicable to the provision of that service commits an offence and shall
be liable on conviction to a fine not exceeding one million shillings, or
to imprisonment for a term not exceeding five years, or to both.
29. A person who by means of a licensed telecommunication Improper use of
system.
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. A person engaged in the running of a licensed telecommunication Modification etc., of
messages.
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. A licensed telecommunication operator who otherwise than Interception and
disclosure.
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.

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