No. 5
56
Computer Misuse and Cybercrimes
2018
(c) control of a program or a computer password,
access code, or similar data that is in the
possession of another person.
19. (1) A person who knowingly and without authority
discloses any password, access code or other means of
gaining access to any program or data held in any computer
system commits an offence and is liable, on conviction, to a
fine not exceeding five million shillings or to imprisonment
for a term not exceeding three years, or to both.
Unauthorised
disclosure of
password or
access code.
(2) A person who commits the offence under
subsection (1)—
(a) for any wrongful gain;
(b) for any unlawful purpose; or
(c) to occasion any loss,
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.
20. (1) Where a person commits any of the offences
specified under sections 14, 15, 16 and 17 on a protected
computer system, that person shall be liable, on conviction,
to a fine not exceeding twenty five million shillings or
imprisonment for a term not exceeding twenty years or
both.
(2) For purposes of this section —
"protected computer system" means a computer
system used directly in connection with, or necessary for,
(a) the security, defence or international relations of
Kenya;
(b) the existence or identity of a confidential source of
information relating to the enforcement of a
criminal law;
(c) the provision of services directly related to
communications infrastructure, banking and
financial services, payment and settlement systems
and instruments, public utilities or public
transportation, including government services
delivered electronically;
Enhanced penalty
for offences
involving
protected
computer system.