74
CAP. 411A
Kenya Information and Communications
[Rev. 2011
(b) he does not have consent to the modification from any person
who is so entitled.
(5) For the purposes of this section, it is immaterial whether an
unauthorized modification or any intended effect of it, be permanent
or merely temporary.
Damaging or denying
access to computer
system.
1 of 2009, s.31.
83Y. Any person who without lawful authority or lawful excuse
does an act which causes directly or indirectly:—
(a) a degradation, failure, interruption or obstruction of the
operation of a computer system; or
(b) a denial of access to, or impairment of any program or data
stored in, the computer system;
shall commit an offence and shall, on conviction be liable to a fine not
exceeding two hundred thousand shillings and or imprisonment for a
term not exceeding two years or both.
Unauthorized
disclosure of
password.
1 of 2009, s.31.
83Z. Any person who knowingly discloses any password, access
code, or any other means of gaining access to any program or data held
in any computer system:—
(a) for any wrongful gain;
(b) for any unlawful purpose; or
(c) knowing that the disclosure is likely to cause prejudice to
any person,
shall commit an offence and shall, on conviction, be liable on conviction
to a fine not exceeding two hundred thousand shillings or imprisonment
for a term not exceeding two years or both.
Unlawful possession
of devices and data.
1 of 2009, s.31.
84A. Any person who knowingly manufactures, sells, procures
for use, imports, distributes or otherwise makes available a computer
system or any other device designed or adapted primarily for the purpose
of committing any offence under sections 83U to 83Z, shall commit
an offence.
(2) Any person who knowingly receives, or is in possession,
without sufficient excuse or justification, of one or more of the devices
under subsection (1) shall commit an offence.
(3) Any person who is found in possession of any data or program
with the intention that the data or program be used, by the person himself
or another person, to commit or facilitate the commission of an offence
under this Act, shall commit an offence.