Section 20 of Computer Misuse and Cybercrime Act No 5 of 2018: Enhanced penalty for offences involving protected computer system

(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...

(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...

A person who knowingly publishes information that is false in print, broadcast, data or over a computer system, that is calculated or results in panic, chaos, or violence among citizens of the...

(1) A person who, intentionally — (a) publishes child pornography through a computer system; (b) produces child pornography for the purpose of its publication through a computer...

(1) A person who intentionally inputs, alters, deletes, or suppresses computer data, resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were...

(1) A person who, with fraudulent or dishonest intent— (a) unlawfully gains; (b) occasions unlawful loss to another person; or (c) obtains an economic benefit for oneself or for another person,...

(1) A person who, individually or with other persons, wilfully communicates, either directly or indirectly, with another person or anyone known to that person, commits an offence, if they know or...

A person who, intentionally takes or makes use of a name, business name, trademark, domain name or other word or phrase registered, owned or in use by another person on the internet or any other...

A person who fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person commits an offence and is liable, on conviction,...

A person who creates or operates a website or sends a message through a computer system with the intention to induce the user of a website or the recipient of the message to disclose personal...

A person who unlawfully destroys or aborts any electronic mail or processes through which money or information is being conveyed commits an offence and is liable on conviction to a fine not exceeding...

A person who willfully misdirects electronic messages commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding...

(1) A person who accesses or causes to be accessed a computer or computer system or network for purposes of carrying out a terrorist act, commits an offence and shall on conviction, be liable to a...

A person who induces any person in charge of electronic devices to deliver any electronic messages not specifically meant for him commits an offence and is liable on conviction to a fine not exceeding...

A person who intentionally hides or detains any electronic mail, message, electronic payment, credit and debit card which was found by the person or delivered to the person in error and which ought to...

A person who unlawfully destroys or aborts any electronic mail or processes through which money or information is being conveyed commits an offence and is liable on conviction to a fine not exceeding...

A person who transfers, publishes, or disseminates, including making a digital depiction available for distribution or downloading through a telecommunications network or though any other means of...

(1) A person who knowingly and without authority causes any loss of property to another by altering, erasing, inputting or suppressing any data stored in a computer, commits an offence and is liable...

A person authorized to use a computer or other electronic devices for financial transactions including posting of debit and credit transactions, issuance of electronic instructions as they relate to...

(1) A person who operates a computer system or a computer network, whether public or private, shall immediately inform the Committee of any attacks, intrusions and other disruptions to the functioning...

(1) An employee shall, subject to any contractual agreement between the employer and the employee, relinquish all codes and access rights to their employer's computer network or system immediately...

(1) A person who knowingly and willfully aids or abets the commission of any offence under this Act commits an offence and is liable, on conviction, to a fine not exceeding seven million shillings or...

(1) Where any offence under this Act has been committed by a body corporate— (a) the body corporate is liable, on conviction, to a fine not exceeding fifty million shillings; and (b) every person...

(1) A court may order the confiscation or forfeiture of monies, proceeds,properties and assets purchased or obtained by a person with proceeds derived from or in the commission of an offence under...

(1) Where the court convicts a person for any offence under this Part, or foran offence under any other law committed through the use of a computer system, the court may make an order for the payment...

(1) A person who commits an offence under any other law through the use of a computer system commits an offence and shall be liable on conviction to a penalty similar to the penalty provided under...

(1) All powers and procedures under this Act are applicable to and may beexercised with respect to any — (a) criminal offences provided under this Act; (b) other criminal offences committed by means...

(1) Where a police officer or an authorised person has reasonable grounds to believe that there may be in a specified computer system or part of it, computer data storage medium, program, data,...

(1) Where a computer system or data has been removed or rendered inaccessible, following a search or a seizure under section 48, the person who made the search shall, at the time of the search or as...

(1) Where a police officer or an authorised person has reasonable grounds tobelieve that — (a) specified data stored in a computer system or a computer data storage medium is in the possession or...

(1) Where a police officer or an authorised person has reasonable grounds to believe that — (a) any specified traffic data stored in any computer system or computer data storage medium or by means of...

(1) Where a police officer or an authorised person has reasonable grounds to believe that traffic data associated with specified communications and related to the person under investigation is...

(1) Where a police officer or an authorised person has reasonable grounds to believe that the content of any specifically identified electronic communications is required for the purposes of a...

(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...

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...

(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 malicious intent,...

(1) This Part shall apply in addition to the Mutual Legal Assistance Act, 2011 (No. 36 of 2011) and the Extradition (Contiguous and Foreign Countries) Act (Cap. 76). (2) The Central Authority may...

(1) The Central Authority may, subject to this Act and other relevant law, without prior request, forward to a foreign State information obtained within the framework of its own investigations when it...

(1) Subject to section 57, a requesting State which has the intention to make a request for mutual legal assistance for the search or similar access, seizure or similar securing or the disclosure of...

Where during the course of executing a request under section 57 with respect to a specified communication, the investigating agency discovers that a service provider in another State was involved in...

(1) Subject to section 57, a requesting State may request the Central Authority to search or similarly access, seize or similarly secure, and disclose data stored by means of a computer system located...

A police officer or authorised person may, subject to any applicable provisions of this Act — (a) access publicly available stored computer data, regardless of where the data is located...

(1) Subject to section 57, a requesting State may request the Central Authority to provide assistance in real-time collection of traffic data associated with specified communications in Kenya...

(1) Subject to section 57, a requesting State may request the Central Authority to provide assistance in the real-time collection or recording of content data of specified communications in the...

(1) The Central Authority shall ensure that the investigation agency responsible for investigating cybercrime, shall designate a point of contact available on a twenty-four hour, seven-day-a-week...

(1) Any court of competent jurisdiction shall try any offence under this Act where the act or omission constituting the offence is committed in Kenya. (2) For the purposes of subsection (1), an act...

The court before which a person is convicted of any offence may, in addition to any other penalty imposed, order the forfeiture of any apparatus, device or thing to the Authority which is the subject...

Whenever there is a conflict between this Act and any other law regarding cybercrimes, the provisions of this Act shall supersede any such other law.

The laws specified in the first column of the Schedule are amended, in the provisions specified in the second column thereof, in the manner respectively specified in the third column.

(1) The Cabinet Secretary may make regulations generally for the better carrying into effect of any provisions under this Act. (2) Without prejudice to the foregoing, regulations made under this...