Computer Misuse and Cybercrime Act No 5 of 2018

Section 16 of Computer Misuse and Cybercrime Act No 5 of 2018: Unauthorised interference

(1) A person who intentionally and without authorisation does any act which causes an unauthorised interference, to a computer system, 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.

Check the current authoritative text and amendment history before relying on this provision.

View all provisions of Computer Misuse and Cybercrime Act No 5 of 2018 →

Continue through this Act

View all →

Section 17 — Unauthorised interception

(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 sys…

Section 18 — Illegal devices and access codes

(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 simil…

Section 21 — Cyber espionage

(1) A person who unlawfully and intentionally performs or authorizes or allows another person to perform a prohibited act envisaged in this Act, in order to — (a) gain access, as provided under sectio…

Section 22 — False publications

(1) A person who intentionally publishes false, misleading or fictitious data or misinforms with intent that the data shall be considered or acted upon as authentic, with or without any financial gain…