Cybercrime & Cybercrimes Bill | Wambui Gichui & Co. Advocates
Cybercrime & the Cybercrimes Bill
Legal awareness on cyber offences, proposed penalties, and digital responsibility in Kenya.
What is Cybercrime?
Cybercrime refers to any criminal activity associated with the use or misuse of computers,
mobile devices, networks, or digital systems.
How Does the Law Control Cybercrime?
Cybercrime is controlled through laws and regulations that govern digital conduct, protect personal
data, and criminalize unauthorized access, misuse of information, and harmful online behavior.
What is the Cybercrimes Bill?
The Cybercrimes Bill consists of proposed legal rules that are yet to be fully approved and enacted
into law. These provisions aim to regulate cyber conduct and enhance digital security.
Proposed Offences Under the Cybercrimes Bill
Unauthorized access to another person’s phone or computer – punishable by up to 5 years’ imprisonment.
Unauthorized modification, deletion, or obstruction of data – punishable by up to 5 years’ imprisonment.
Unauthorized communication of “critical information” – punishable by up to 15 years’ imprisonment.
Possession of “critical information” without authority – punishable by up to 15 years’ imprisonment.
Recording private conversations, even where one is a participant – punishable by up to 2 years’ imprisonment.
Publishing misleading or false information – punishable by up to 2 years’ imprisonment.
Disclosing receipt of cybercrime summons or police call-outs – punishable by up to 5 years’ imprisonment.
Using rude, indecent, or vulgar language with intent to humiliate – punishable by up to 2 years’ imprisonment.
Inciting ethnic divisions online, classified as domestic terrorism – punishable by life imprisonment.