The Computer and Cybercrimes Bill, 2016
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.
Confiscation
or
forfeiture of assets.
No. 9 of 2009.
Compensation
Order.
17.
(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.
(2) The court may, on conviction of a person for any offence under
this Act make an order of restitution of any asset gained from the
commission of the offence, in accordance with the provisions and
procedures of the Proceeds of Crime and Anti-Money Laundering Act,
2009.
18.
(1) Where the court convicts a person for any offence under this
Part, or for an offence under any other law committed through the use
of a computer system, the court may make an order for the payment by
that person of a sum to be fixed by the court as compensation to any
person for any resultant loss caused by the commission of the offence
for which the sentence is passed.
(2) Any claim by a person for damages sustained by reason of any
offence committed under this Part is deemed to have been satisfied to
the extent of any amount which they have been paid under an order for
compensation, but the order shall not prejudice any right to a civil
remedy for the recovery of damages beyond the amount of
compensation paid under the order.
(3) An order of compensation under this section is recoverable as a civil
debt.
Offences
committed
19.
(1) A person who commits an offence under any other law,
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