57
2018
Computer Misuse and Cybercrimes
No. 5
(d) the protection of public safety including systems
related to essential emergency services such as
police, civil defence and medical services;
(e) the provision of national registration systems; or
(f) such other systems as may be designated relating
to the security, defence or international relations of
Kenya, critical information, communications,
business or transport infrastructure and protection
of public safety and public services as may be
designated by the Cabinet Secretary responsible
for matters relating to information, communication
and technology.
21. (1) A person who unlawfully and intentionally
performs or authorizes or allows another person to perform
a prohibited act envisaged in this Act, in order to —
(a) gain access, as provided under section 14, to
critical data, a critical database or a national
critical information infrastructure; or
(b) intercept data, as provided under section 17, to,
from or within a critical database or a national
critical information infrastructure, with the
intention to directly or indirectly benefit a foreign
state against the Republic of Kenya,
commits an offence and is liable, on conviction, to
imprisonment for a period not exceeding twenty years
or to a fine not exceeding ten million shillings, or to
both.
(2) A person who commits an offence under
subsection (1) which causes physical injury to any person is
liable, on conviction, to imprisonment for a term not
exceeding twenty years.
(3) A person who commits an offence under
subsection (1) which causes the death of a person is liable,
on conviction, to imprisonment for life.
(4) A person who unlawfully and intentionally
possesses, communicates, delivers or makes available or
receives, data , to, from or within a critical database or a
national critical information infrastructure, with the
intention to directly or indirectly benefit a foreign state
against the Republic of Kenya, commits an offence and is
liable on conviction to imprisonment for a period not
Cyber espionage.