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 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.
(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 or psychological 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.
(3) For the purposes of this section, it is immaterial that the unauthorised interception is not directed at —
(a) a telecommunication 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.