58
No. 5
Computer 'lisuse and Cybercrimes
2018
exceeding twenty years or to a fine not exceeding ten
million shillings, or to both.
(5) A person who unlawfully and intentionally
performs or authorizes, or allows another person to perform
a prohibited act as envisaged under this Act in order to gain
access, as provided under section 14 ,to or intercept data ,as
provided under section 17, which is in possession of the
State and which is exempt information in accordance with
the law relating to access to information, 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 a fine not exceeding five million shillings or
to imprisonment for a period not exceeding ten years, or to
both.
22. (1) A person who intentionally publishes false,
misleading or fictitious data or misinforms with intent that
the data shall be considered or acted upon as authentic, with
or without any financial gain, commits an offence and shall,
on conviction, be liable to a fine not exceeding five million
shillings or to imprisonment for a term not exceeding two
years, or to both.
(2) Pursuant to Article 24 of the Constitution, the
freedom of expression under Article 33 of the Constitution
shall be limited in respect of the intentional publication of
false, misleading or fictitious data or misinformation that —
(a) is likely to —
(i) propagate war; or
(ii) incite persons to violence;
(b) constitutes hate speech;
(c) advocates hatred that —
(i) constitutes ethnic incitement, vilification of
others or incitement to cause harm; or
(ii) is based on any ground of discrimination
specified or contemplated in Article 27(4) of
the Constitution; or
(d) negatively affects the rights or reputations of
others.
23. A person who knowingly publishes information
that is false in print, broadcast, data or over a computer
system, that is calculated or results in panic, chaos, or
False publications.
Publication of
false information.