57 2018 Computer Misuse and Cybercrimes No. 5 (d) the protection of public safety including systems related to essential emergency services such as police, civil defence and medical services; (e) the provision of national registration systems; or (f) such other systems as may be designated relating to the security, defence or international relations of Kenya, critical information, communications, business or transport infrastructure and protection of public safety and public services as may be designated by the Cabinet Secretary responsible for matters relating to information, communication and technology. 21. (1) A person who unlawfully and intentionally performs or authorizes or allows another person to perform a prohibited act envisaged in this Act, in order to — (a) gain access, as provided under section 14, to critical data, a critical database or a national critical information infrastructure; or (b) intercept data, as provided under section 17, 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. (2) A person who commits an offence under subsection (1) which causes physical injury to any person is liable, on conviction, to imprisonment for a term not exceeding twenty years. (3) A person who commits an offence under subsection (1) which causes the death of a person is liable, on conviction, to imprisonment for life. (4) 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 Cyber espionage.