Computer Misuse and Cybercrime Act No 5 of 2018

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 section 14, to critical data, a critical database or a national critical information infrastructure; or
(b) intercept data, as provided under section 17, to, from or within a critical database or a national critical information infrastructure, with
the intention to directly or indirectly benefit a foreign state against the
Republic of Kenya, commits an offence and is liable, on conviction, to imprisonment for a period not
exceeding twenty years or to a fine not exceeding ten million shillings, or to both.
(2) A person who commits an offence under subsection (1) which Causes physical injury to any person is liable, on conviction, to imprisonment for a term not exceeding twenty years.
(3) A person who commits an offence under subsection (1) which causes the death of a person is liable, on conviction, to imprisonment for life.
(4) A person who unlawfully and intentionally possesses, communicates, delivers or makes available or receives, data , to, from or within a critical database or a national critical information infrastructure, with the intention to directly or indirectly benefit a foreign state against the Republic of Kenya, commits an offence and is liable on conviction to imprisonment for a period not exceeding twenty years or to a fine not exceeding ten million shillings, or to both.
(5) A person who unlawfully and intentionally performs or authorizes, or allows another person to perform a prohibited act as envisaged under this Act in order to gain access, as provided under section 14 ,to or intercept data ,as provided under section 17, which is in possession of the State and which is exempt information in accordance with the law relating to access to information, with the intention to directly or indirectly benefit a foreign state against the Republic of Kenya , commits an offence and is liable, on conviction , to a fine not exceeding five million shillings or to imprisonment for a period not exceeding ten years, or to both.
Check the current authoritative text and amendment history before relying on a provision.

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