52
Offences
committed by
legal persons
General offence
and penalty
Lodging of
complaints to
the Authority
Public
education
programmes
Intermediary
services
providers’ levy
Electronic Transactions
No. 33
conviction, be liable to a penalty imposable by the provision
creating the offence for actually committing the offence.
(3) The provisions of this section making reference to penalties
imposed upon conviction shall apply mutatis mutandis to
administrative monetary penalties imposable by the Authority under
this Act and any regulations made under the Act.
94. Where a legal person is convicted of an offence under this
Act, every person who__
(a) is a director of, or is otherwise concerned with the
management of, the legal person; and
(b) knowingly authorized or permitted the act or omission
constituting the offence,
commits the same offence which the legal person is guilty of,
and may be proceeded against and be sentenced accordingly.
95. A person who violates any provision of this Act, whose
penalty has not been provided, commits an offence and shall, upon
conviction, be liable to a fine of K5,000,000 and to imprisonment
for seven years.
PART XI__GENERAL PROVISIONS
96.__(1) Any person affected by a criminal offence defined under
this Act may lodge a complaint to the Authority which shall direct a
cyber inspector to assess the relevance of the complaint and, if the
complaint is considered relevant and reasonable, proceed with
investigations.
(2) Any interested organization whose members are affected by a
criminal offence defined under this Act is entitled to lodge a
complaint with the Authority.
(3) The Authority shall ensure that the complaining organization
is kept informed of the investigations.
97. The Authority shall implement public educational
programs on the safe use of internet focusing in particular on__
(a) scope of cybercrimes;
(b) tips on safe cyber experience;
(c) promotion of educational uses of Internet; and
(d) remedies and procedures when affected by cybercrime.
98. For the purposes of implementing the public educational
programmes referred to in section 97, the Authority may impose
intermediary service providers' levy on intermediary service
providers who offer access to communications networks.