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2018
Computer Misuse and Cybercrimes
No. 5
(b) that person does not have consent from any person
who is entitled to access the computer system
through any function to the program or data.
(3) For the purposes of this section, it is immaterial
that the unauthorised access 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.
15. (1) A person who commits an offence under
section 14 with intent to commit a further offence under
any law, or to facilitate the commission of a further offence
by that person or any other person, commits an offence and
is liable, on conviction, to a fine not exceeding ten million
shillings or to imprisonment for a term not exceeding ten
years, or to both.
Access with intent
to commit further
offence.
(2) For the purposes of subsection (1), it is immaterial
that the further offence to which this section applies is
committed at the same time when the access is secured or
at any other time.
16. (1) A person who intentionally and without
authorisation does any act which causes an unauthorised
interference, to a computer system, program or data,
commits an offence and is liable on conviction, to a fine not
exceeding ten million shillings or to imprisonment for a
term not exceeding five years, or to both.
(2) For the purposes of this section, an interference is
unauthorised, if the person whose act causes the
interference —
(a) is not entitled to cause that interference;
(b) does not have consent to interfere from a person
who is so entitled.
(3) A person who commits an offence under
subsection (1) which,—
(a) results in a significant financial loss to any person;
(b) threatens national security;
(c) causes physical injury or death to any person; or
Unauthorised
interference.