Over the last year, Kenyans’ voices online have become prominent, with some landing in the crosshairs with the law over their use of social media.
This has particularly been the case with the sharing of personal and sensitive information related to political topics and other issues of national importance.
However, many may not be aware that certain actions online can immediately result in legal trouble. In this article, Kenyans.co.ke explores some common mistakes that could land individuals in jail for violations of the law.
Sharing people’s passwords
Did you ever imagine that a simple mistake such as sharing a colleague’s password could land you in prison?
A picture of a hooded person coding behind a computer.
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If not then here is how: According to the Computer Misuse and Cybercrimes Act, if you disclose any password entrusted to you or access code to unauthorized persons, then you are liable to a prison term of 5 years, a fine of either Ksh5 million or Ksh10 million, or both.
Spying
Under the Computer Misuse and Cybercrimes Act, any individual who accesses a computer system (these include phones, and apps among others) without authorization by introducing spyware software can face severe consequences. If convicted, the offender may be fined up to Ksh5 million.
Additionally, the same offence could lead to a jail term of up to three years or both imprisonment and a Ksh5 million fine.
Surprisingly, if you are found guilty of accessing someone’s computer system without their permission or facilitating the same, for instance, by providing cash, then you could be sent to prison for 10 years or be penalised with a fine of Ksh10 million.
Unlawful Blogging
In Kenya, any time computer crimes are mentioned, a lot of focus tends to shift to bloggers. Under Kenyan laws, if you are found guilty of publishing false or misleading information, then you are liable to a fine of Ksh5 million, a prison term of two years or both.
”A person who intentionally publishes false, misleading or fictitious data or misinforms with the intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding Ksh5 million or to imprisonment for a term not exceeding two years, or to both,’’ adds the Act.
Phishing
Phishing, a common computer misuse offence where fraudsters impersonate trusted entities to steal personal information through deceptive emails or websites, can also result in jail time.
If you are found guilty of the same offence, then you are liable upon conviction to a fine not exceeding Ksh300,000 or to imprisonment for a term not exceeding three years or both.
Developing Scammer Websites
In the wake of unemployment, many tech-savvy Kenyans have resorted to the creation of apps or websites that can be able to mint money from banks and financial institutions.
If found guilty of this offence, then you could be subjected to a fine of Ksh10 million or imprisonment of 10 years in prison.
Additionally, you will be subject to fines if you create an app that could be a risk to national security, for instance, trading national secrets.
”A person who intentionally and without authorisation does any act which causes an unauthorised interference, to a computer system, programme, or data, commits an offence and is liable, on conviction, to a fine not exceeding Ksh10 million or to imprisonment for a term not exceeding five years, or to both,’’ Section 16 of the Computer Misuse and Cybercrimes Act reads in part.
Dealing with unauthorized apps
If for any reason you find yourself buying any of the above-developed software or apps meant for theft of funds or spying on others, then you will also likely end up in prison or be penalized.
The government will also take action against you for distributing such apps or access codes. If found culpable, then you will have to part with Ksh20 million or be jailed for 10 years.
”A person who knowingly manufactures, adapts, sells, procures for use, imports, offers to supply, distributes, or otherwise makes available a device, program, computer password, access code, or similar data designed or adapted primarily for the purpose of committing any offence under this Part commits an offence and is liable, on conviction, to a fine not exceeding Ksh20 million or to imprisonment for a term not exceeding ten years, or to both,” reads Section 18 of the Act.
Selling Data to Foreign States
Probably you are aware that selling information to a foreign country is unlawful. But then just to let you know, if you are found guilty of sharing such information with a foreign state, then you be liable to a prison term of 20 years or a fine of Ksh10 million.
”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,’’ reads part of the Act.
A hacker wearing a hoodie operates a computer.
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