No. 33
Electronic Transactions
(c) knowingly permits any electronic communications device
to be used for any of the above-mentioned purposes,
commits an offence known as cyber harassment and shall, upon
conviction, be liable to a fine of K2,000,000 and to
imprisonment for five years.
87. Any person who wilfully and repeatedly uses electronic
communication to disturb or attempts to disturb the peace, quietness
or right of privacy of any person with no purpose of legitimate
communication whether or not a conversation ensues, commits a
misdemeanour and shall, upon conviction, be liable to a fine of
K1,000,000 and to imprisonment for twelve months.
88. Any person who wilfully, maliciously, and repeatedly uses
electronic communication to harass another person and makes a
threat with the intent to instil reasonable fear in that person for his
safety or to a member of that person’s immediate family, commits
an offence known as cyber stalking and shall, upon conviction, be
liable to a fine of K1,000,000 and to imprisonment for twelve
months.
89. Any person who hacks into any computer system, or
knowingly introduces or spreads a virus into a computer system or
network, commits an offence and shall, upon conviction, be liable to
a fine of K5,000.00 and to imprisonment for seven years.
90. Any person who wilfully or maliciously renders a
computer system incapable of providing normal services to its
legitimate users, commits an offence and shall, upon conviction, be
liable to a fine of K5,000,000 and to imprisonment for seven years.
91. Any person who transmits any unsolicited electronic
information to another person for the purposes of illegal trade or
commerce, or other illegal activity, commits an offence and shall,
upon conviction, be liable to a fine of K2,000,000 and to
imprisonment for five years.
92. Any person who uses the internet as a medium for any
illegal activity or trade, fraudulent transaction or as a means of
procuring any internet related fraud, commits an offence and shall,
upon conviction, be liable to imprisonment for ten years.
93.__(1) A person who attempts to commit an offence under any
provision of this Act, commits an offence and shall, upon
conviction, be liable to a penalty not exceeding one half of the
maximum penalty imposable by the provision creating the complete
offence.
(2) A person who aids or abets any other person to commit any of
the offences under this Act, commits an offence and shall, upon
51
Prohibition of
offensive
communication
Prohibition of
cyber stalking
Prohibition of
hacking,
cracking and
introduction
of viruses
Unlawfully
disabling a
computer
system
Prohibition of
spamming
Prohibition of
illegal trade
and
commerce
Attempting,
aiding and
abetting
crime