55
2018
Computer Misuse and Cybercrimes
No. 5
(d) a program or data held in any particular computer
system.
(4) For the purposes of this section, it is immaterial
whether an unauthorised interception or any intended effect
of it is permanent or temporary.
18. (1) A person who knowingly manufactures, adapts,
sells, procures for use, imports, offers to supply, distributes
or otherwise makes available a device, program, computer
password, access code or similar data designed or adapted
primarily for the purpose of committing any offence under
this Part, commits an offence and 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.
(2) A person who knowingly receives, or is in
possession of, a program or a computer password, device,
access code, or similar data from any action specified under
subsection (1) and intends that it be used to commit or
assist in commission of an offence under this Part 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.
(3) Despite subsections (1) and (2), the activities
described under the subsections do not constitute an
offence if —
(a) any act intended for the authorised training, testing
or protection of a computer system; or
(b) the use of a program or a computer password,
access code, or similar data is undertaken in
compliance of and in accordance with the terms of
a judicial order issued or in exercise of any power
under this Act or any law.
(4) For the purposes of subsections (1) and (2),
possession of any program or a computer password, access
code, or similar data includes having —
(a) possession of a computer system which contains
the program or a computer password, access code,
or similar data;
(b) possession of a data storage device in which the
program or a computer password, access code, or
similar data is recorded; or
Illegal devices and
access codes.