The Computer and Cybercrimes Bill, 2016
(d) facilitate international co-operation on matters covered
under this Act.
PART II—OFFENCES
Unauthorised
access.
4.
(1) A person who causes, whether temporarily or permanently, a
computer system to perform a function, by infringing security measures,
with intent to gain access, and knowing such access is unauthorised,
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.
(2) Access by a person to a computer system is unauthorised if—
(a) that person is not entitled to control access of the kind in
question to the program or data; and
(b) that person does not have consent from any person who is
entitled to access the computer system through any function to
the program or data.
(3) For the purposes of this section, it is immaterial that the
unauthorised access is not directed at—
(a) any particular program or data;
(b) a program or data of any kind; or
(c) a program or data held in any particular computer system.
Access with intent
to
commit
or
facilitate
further
offence.
5. (1) A person who commits an offence under section 4 with intent
to commit a further offence under any law, or to facilitate the
commission of a further offence by that person or any other person,
commits an offence and is liable, on conviction, to a fine not exceeding
ten million shillings or to imprisonment for a term not exceeding ten
years, or to both.
(2) For the purposes of this subsection (1), it is immaterial that the
further offence to which this section applies is committed at the same
time when the access is secured or at any other time.
Unauthorised
interference.
6. (1) A person who intentionally and without authorisation does
any act which causes an unauthorised interference, to a computer system,
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