The Computer and Cybercrimes Bill, 2016 recording of content data is permitted; and (f) the cost of such real-time recording and collection is not overly burdensome upon the person in control of the computer system. (7) The court may also require the service provider to keep confidential the order and execution of any power provided for under this section. (8) A service provider who fails to comply with an order under this section commits an offence and is liable, on conviction— (a) where the service provider is a corporation, to a fine not exceeding ten million; (b) in case of an officer of the service provider, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to both. Obstruction misuse. and 28. (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 both. (2) A police officer or an authorised person who misuses the exercise of powers under this Part commits an offence and is liable, on conviction, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to both. Appeal. 29. 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. Confidentiality and limitation of liability. 30. (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 use by any person of any computer system controlled or managed by a service provider in connection with a contravention of this Act or any other written law. (2) A service provider shall not be liable under this Act or any other 29

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