The Computer and Cybercrimes Bill, 2016
recording of content data is permitted; and
(f)
the cost of such real-time recording and collection
is not overly burdensome upon the person in control
of the computer system.
(7) The court may also require the service provider to keep
confidential the order and execution of any power provided for under this
section.
(8) A service provider who fails to comply with an order under this
section commits an offence and is liable, on conviction—
(a) where the service provider is a corporation, to a fine not
exceeding ten million;
(b) in case of an officer of the service provider, to a fine not
exceeding five million shillings or to imprisonment for a
term not exceeding three years, or to both.
Obstruction
misuse.
and
28.
(1) A person who obstructs the lawful exercise of the powers
under this Part, including destruction of data, or fails to comply with the
requirements of this Part is liable, on conviction, to a fine not exceeding
five million shillings or to imprisonment for a term not exceeding three
years, or to both.
(2) A police officer or an authorised person who misuses the
exercise of powers under this Part commits an offence and is liable, on
conviction, to a fine not exceeding five million shillings or to
imprisonment for a term not exceeding three years, or to both.
Appeal.
29.
Any person aggrieved by any decision or order of the Court
made under this Part, may appeal to the High Court or Court of Appeal
as the case may be within thirty days from the date of the decision or
order.
Confidentiality
and limitation of
liability.
30.
(1) A service provider shall not be subject to any civil or
criminal liability, unless it is established that the service provider had
actual notice, actual knowledge, or willful and malicious intent, and not
merely through omission or failure to act, had thereby facilitated, aided or
abetted the use by any person of any computer system controlled or
managed by a service provider in connection with a contravention of this
Act or any other written law.
(2) A service provider shall not be liable under this Act or any other
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