77
2018
Computer Misuse and Cybercrimes
(7) 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 shillings;
(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.
54. (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.
55. 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.
56. (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 malicioaa ninifAt, ,apd, not merely through
omission or failure to act, had thereby facilitated, aided or
abetted the ukPlfitiiiiY 13eiC6f 4 y ithiliAtter system
controlled or managed by a service provider in connection
with a contravealeamf thin Actetanylotheirl written law.
(2) A service provider shirhof hell-able under this
Act or any other law for maintaining and making available
the provision of their service.
(3) A service provider shall not be liable under this
Act or any other law for the disclosure of any data or other
information that the service provider discloses only to the
extent required under this Act or in compliance with the
exercise of powers under this Part.
No. 5
Obstruction and
misuse of power.
Appeal.
Confidentiality
and limitation of
liability.