No. 5
66
Computer Misuse and Cybercrimes
2018
shillings or imprisonment for a term not exceeding two
years, or to both.
42. (1) A person who knowingly and willfully aids or
abets the commission of any offence under this Act
commits an offence and is liable, on conviction, to a fine
not exceeding seven million shillings or to imprisonment
for a term not exceeding four years, or to both.
Aiding or abetting
in the commission
of an offence.
(2) A person who knowingly and willfully attempts to
commit an offence or does any act preparatory to or in
furtherance of the commission of any offence under this
Act, commits an offence and is liable, on conviction, to a
fine not exceeding seven million shillings or to
imprisonment for a term not exceeding four years, or to
both.
43. (1) Where any offence under this Act has been
committed by a body corporate —
(a) the body corporate is liable, on conviction, to a
fine not exceeding fifty million shillings; and
(b) every person who at the time of the commission of
the offence was a principal officer of the body
corporate, or anyone acting in a similar capacity, is
also deemed to have committed the offence, unless
they prove the offence was committed without
their consent or knowledge and that they exercised
such diligence to prevent the commission of the
offence as they ought to have exercised having
regard to the nature of their functions and to
prevailing circumstances, and is liable, on
conviction, to a fine not exceeding five million
shillings or imprisonment for a term not exceeding
three years, or to both .
(2) If the affairs of the body corporate are managed by
its members, subsection (1) (b) applies in relation to the
acts or defaults of a member in connection with their
management functions, as if the member was a principal
officer of the body corporate or was acting in a similar
capacity.
44. (1) A court may order the confiscation or forfeiture
of monies, proceeds, properties and assets purchased or
obtained by a person with proceeds derived from or in the
commission of an offence under this Act.
Offences by a
body corporate
and limitation of
liability.
Confiscation or
forfeiture of
assets.