40
No. 5
Computer Misuse and Cybercrimes
2018
THE COMPUTER MISUSE AND CYBERCRIMES ACT
No. 5 of 2018
Date of Assent: 16th May, 2018
Date of Commencement: 30th May, 2018
AN ACT of Parliament to provide for offences relating
to computer systems; to enable timely and effective
detection, prohibition, prevention, response,
investigation and prosecution of computer and
cybercrimes; to facilitate international co-operation
in dealing with computer and cybercrime matters;
and for connected purposes
ENAt;TED by the Parliament of Kenya as follows —
PART 1—PRELIMINARY
1. This Act may be cited as the Computer Misuse and
Cybercrimes Act, 2018.
2. In this Act, unless the context otherwise requires —
Short title.
Interpretation.
"access" means gaining entry into or intent to gain
entry by a person to a program or data stored in a computer
system and the person either—
(a) alters, modifies or erases a program or data or any
aspect related to the program or data in the
computer system;
(b) copies, transfers or moves a program or data to —
(i) any computer system, device or storage
medium other than that in which it is stored; or
(ii) to a different location in the same computer
system, device or storage medium in which it
is stored;
(c) causes it to be output from the computer in which
it is held, whether by having it displayed or in any
other manner; or
(d) uses it by causing the computer to execute a
program or is itself a function of the program;
"Authority" means the Communications Authority of
Kenya;
"authorised person" means an officer in a law
enforcement agency or a cybersecurity expert designated
Cap. 411A.