Rev. 2011]
Kenya Information and Communications
CAP. 411A
75
(4) For the purposes of subsection (3), possession of any data or
program includes—
(a) having possession of a computer system or data storage
device that holds or contains the data or program;
(b) having possession of a document in which the data or
program is recorded; or
(c) having control of data or program that is in the possession
of another person.
(5) Where a person is convicted under this section, he shall on
conviction be liable to a fine not exceeding two hundred thousand
shillings or imprisonment for a term not exceeding two years or both.
84B. Any person who fraudulently causes loss of property to
Electronic fraud.
another person by:—
(a) any input, alteration, deletion or suppression of data; or
1 of 2009, s.31.
(b) any interference with the functioning of a computer
system,
with intent to procure for himself or another person, an advantage,
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 three years or both.
84C. Any person who knowingly or intentionally conceals,
destroys or alters, or intentionally or knowingly causes another person
to conceal, destroy or alter any computer source code, computer
programme, computer system or computer network, where the computer
source code is required to be kept or maintained by law for the time
being in force, shall on conviction be liable to a fine not exceeding three
hundred thousand shillings or imprisonment for a term not exceeding
three years, or both.
84D. Any person who publishes or transmits or causes to be
published in electronic form, any material which is lascivious or
appeals to the prurient interest and its effect is such as to tend to
deprave and corrupt persons who are likely, having regard to all relevant
circumstances, to read, see or hear the matter contained or embodied
therein, shall on conviction be liable to a fine not exceeding two hundred
thousand shillings or imprisonment for a term not exceeding two years,
or both.
Tampering with
computer source
documents.
1 of 2009, s.31.
Publishing of
obscene information
in electronic form.
1 of 2009, s.31.