The Computer and Cybercrimes Bill, 2016
program or data, commits an offence and is liable on conviction, to a fine
not exceeding ten million shillings or to imprisonment for a term not
exceeding five years, or to both.
(2) For the purposes of this section, an interference is unauthorised,
if the person whose act causes the interference—
(a) is not entitled to cause that interference;
(b) does not have consent to interfere from a person who is so
entitled.
(3) A person who commits an offence under subsection (1) which,—
(a) results in a significant financial loss to any person;
(b) threatens national security;
(c) causes physical injury or death to any person; or
(d) threatens public health or public safety,
is liable, on conviction, to a fine not exceeding twenty million shillings or
to imprisonment for a term not exceeding ten years, or to both.
(4) For the purposes of this section, it is immaterial whether or not
the unauthorised interference is directed at—
(a) any particular computer system, program or data;
(b) a program or data of any kind; or
(c) a program or data held in any particular computer system.
(5) For the purposes of this section, it is immaterial whether an
unauthorised modification or any intended effect of it is permanent or
temporary.
Unauthorised
interception.
7. (1) A person who intentionally and without authorisation does any
act which intercepts or causes to be intercepted, directly or indirectly and
causes the transmission of data to or from a computer system over a
telecommunication system commits an offence and is liable, on
conviction, to a fine not exceeding ten million shillings or to
imprisonment for a term not exceeding five years, or to both.
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