The Computer and Cybercrimes Bill, 2016

THE COMPUTER AND CYBERCRIMES BILL, 2016
A Bill for
AN ACT of Parliament to provide for offences relating to computer systems;
to enable timely and effective collection of forensic material for use as
evidence, and facilitate international co-operation in dealing with
cybercrime matters; and for connected purposes
ENACTED by the Parliament of Kenya as follows—
PART 1—PRELIMINARY
Short title.

1.

Interpretation.

2.

This Act may be cited as the Computer and Cybercrimes Act, 2016.
In this Act, unless the context otherwise requires—

“access” means gaining entry into or intent to gain entry by a
person to any program or data stored in any computer system and the
person either—
(a) alters, modifies or erases a program or data or any aspect
related to the program or data in the computer system; or
(b) copies, transfers or moves a program or data to—
(i) any computer system, device or storage medium other
than that in which it is stored; or
(ii) to a different location in the same computer system,
device or storage medium in which it is stored;
(c)

causes it to be output from the computer in which it is
held, whether by having it displayed or in any other
manner; or

(d) uses it by causing the computer to execute a program or is
itself a function of the program;

Cap 411A.

“Authority” has the meaning assigned to it under section 3 of the
Kenya Information Communications Act;

“authorised person” means a person designated by the Cabinet
Secretary by notice in the Gazette for the purposes of Part III of this
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