No. 5
54
Computer Misuse and Cybercrimes
2018
(d) threatens public health or public safety, is liable,
on conviction, to a fine not exceeding twenty
million shillings or to imprisonment for a term not
exceeding ten years, or to both.
(4) For the purposes of this section, it is immaterial
whether or not the unauthorised interference is directed
at—
(a) any particular computer system, program or data;
(b) a program or data of any kind; or
(c) a program or data held in any particular computer
system.
(5) For the purposes of this section, it is immaterial
whether an unauthorised modification or any intended
effect of it is permanent or temporary.
17. (1) A person who intentionally and without
authorisation does any act which intercepts or causes to be
intercepted, directly or indirectly and causes the
transmission of data to or from a computer system over a
telecommunication system 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) A person who commits an offence under
subsection (1) which —
(a) results in a significant financial loss;
(b) threatens national security;
(c) causes physical or psychological injury or death to
any person; or
(d) threatens public health or public safety, is liable,
on conviction to a fine not exceeding twenty
million shillings or to imprisonment for a term not
exceeding ten years, or to both.
(3) For the purposes of this section, it is immaterial
that the unauthorised interception is not directed at —
(a) a telecommunication system;
(b) any particular computer system data;
(c) a program or data of any kind; or
Unauthorised
interception.