59
2018
Computer Misuse and Cybercrimes
No. 5
violence among citizens of the Republic, or which is likely
to discredit the reputation of a person 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 ten years, or to both.
24. (1) A person who, intentionally —
(a) publishes child pornography through a computer
system;
(b) produces child pornography for the purpose of its
publication through a computer system;
(c) downloads, distributes, transmits, disseminates,
circulates, delivers, exhibits, lends for gain,
exchanges, barters, sells or offers for sale, lets on
hire or offers to let on hire, offers in another way,
or make available in any way from a
telecommunications apparatus pornography; or
(d) possesses child pornography in a computer system
or on a computer data storage medium,
commits an offence and is liable, on conviction, to a
fine not exceeding twenty million or to imprisonment
for a term not exceeding twenty five years, or both.
(2) It is a defence to a charge of an offence under
subsection (1) that a publication which is proved to be
justified as being for the public good on the ground that
such book, pamphlet, paper, writing, drawing, painting, art,
representation or figure is in the interest of science,
literature, learning or other objects of general concerns.
(3) For purposes of this section —
"child" means a person under the age of eighteen
years;
"child pornography" includes data which, whether
visual or audio, depicts —
(a) a child engaged in sexually explicit conduct;
(b) a person who appears to be a child engaged in
sexually explicit conduct; or
(c) realistic images representing a child engaged in
sexually explicit conduct;
Child
pornography.