The Computer and Cybercrimes Bill, 2016
(2) A person who commits an offence under subsection (1) which—
(a) results in a significant financial loss;
(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 of not exceeding ten years, or to both.
(3) For the purposes of this section, it is immaterial that the
unauthorised interception is not directed at —
(a) a telecommunications system;
(b) any particular computer system data;
(c) a program or data of any kind; or
(d) a program or data held in any particular computer system.
(4) For the purposes of this section, it is immaterial whether an
unauthorised interception or any intended effect of it is permanent or
temporary.
Illegal
devices
and access codes.
8. (1) A person who knowingly manufactures, adapts, sells, procures
for use, imports, offers to supply, distributes or otherwise makes available
a device, program, computer password, access code or similar data
designed or adapted primarily for the purpose of committing any offence
under this Part, commits an offence and 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.
(2) A person who knowingly receives, or is in possession of, a program
or a computer password, device, access code, or similar data from any
action specified under subsection (1) and intends that it be used to commit
or assist in commission of an offence under this Part, without sufficient
excuse or justification, 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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