The Computer and Cybercrimes Bill, 2016
MEMORANDUM OF OBJECTS AND REASONS
The Bill proposes to provide a framework to prevent and control the threat of
cybercrime, that is, offences against computer systems and offences
committed by means of computer systems.
Kenya Vision 2030 recognizes ICT as one of the key drivers of socioeconomic development in the Republic and an enabler in achieving the
middle income country status. The Bill is intended to protect and ensure a
secure and safe digital environment.
The structure of the Bill is as follows—
PART I (Clause 1-3) Provides for preliminary matters including the short
title and interpretation of terms as used in the Bill. This Part also provides
for the objects of the Bill.
PART II (Clause 4-19) Outlines cyber related offences and penalties.
Offences outlined include; unauthorised access, access with intent to
commit or facilitate further offence, unauthorised interference, unauthorised
interception, illegal devices codes, unauthorised disclosure of password or
access code, enhanced penalties for offences involving protected computer
system, child pornography, computer forgery, computer fraud, cyber stalking
and cyber bullying, aiding or abetting in the commission of an offence,
offences by a corporate and limitation of liability, recovery of assets, and
offences committed through the use of a computer system. This part also
gives guidelines on compensation order by courts upon conviction for
offences outlined under this part.
PART III (Clause 20-30) Provides for investigation procedures including
search and seizure of stored computer data, such power to search without
warrant in special circumstances, record of and access to seized data,
production order and grounds for such application of a production order by a
police officer, expedited preservation and partial disclosure of traffic data,
such
period for preservation and extension of the said period. More
procedures detailed are real time collection of traffic data, interception of
content data, procedure for making application to intercept and such grounds
to be satisfied before such interception. This Part also provides for
confidentiality of investigations and powers to deal with obstruction of
investigations.
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