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 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 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.
(3) Despite subsections (1) and (2), the activities described under the subsections do not constitute an offence if —
(a) any act intended for the authorised training, testing or protection of a computer system; or
(b) the use of a program or a computer password, access code, or similar data is undertaken in compliance of and in accordance with the terms of a judicial order issued or in exercise of any power under this Act or any law.
(4) For the purposes of subsections (1) and (2), possession of any program or a computer password, access code, or similar data includes having —
(a) possession of a computer system which contains the program or a computer password, access code, or similar data;
(b) possession of a data storage device in which the program or a computer password, access code, or similar data is recorded; or
(c) control of a program or a computer password, access code, or similar data that is in the possession of another person.