Act and Laws in Kenya

(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 to imprisonment for a term not exceeding four years, or to both. (2) A person who knowingly and...

(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 who at the time of the commission of the offence was a principal officer of the body corporate, or...

(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 this Act. (2) The court may, on conviction of a person for any offence under this Act make an order of...

(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 by that person of a sum to be fixed by the court as compensation to any person for any resultant...

(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 that law. (2) A Court shall, in determining whether to sentence a person convicted ofan offence 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 of a computer system established under any other law; and (c) the collection of evidence in...

(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, that— (a) is reasonably required for the purpose of a criminal investigation or criminal proceedings...

(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 soon as practicable after the search — (a) make a list of what has been seized or rendered...

(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 control of a person in its territory; and (b) specified subscriber information relating to services...

(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 a computer system is reasonably required for the purposes of a criminal investigation;...

(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 required for the purposes of a specific criminal investigation, the police officer or authorised person may...

(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 specific investigation in respect of an offence, the police officer or authorised person may apply to the...

(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 not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to...

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 order.

(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, and not merely through omission or failure to act, had thereby facilitated, aided or abetted the...

(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 make a request for mutual legal assistance in any criminal matter to a requested State for purposes...

(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 considers that the disclosure of such information might assist the foreign State in initiating or...

(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 data, may request the Central Authority to obtain the expeditious preservation of data stored by...

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 the transmission of the communication, the Central Authority shall expeditiously disclose to the...

(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 within the territory of Kenya, including data that has been preserved in accordance with section...

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 geographically; or (b) access or receive, through a computer system in Kenya, stored computer data located in...

(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 transmitted by means of a computer system. (2) When making a request under subsection (1), the requesting...

(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 territory of Kenya transmitted by means of a computer system. (2) When making a request under subsection...

(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 basis, in order to ensure the provision of immediate assistance for the purpose of investigations or...

(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 or omission committed outside Kenya which would if committed in Kenya constitute an offence under...

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 matter of the offence or is used in connection with the commission of the offence.

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 section may provide for — (a) designation of computer systems, networks, programs, data as national...

This Act may be cited as the Kenya Communications and Act, 1998.