No. 5 66 Computer Misuse and Cybercrimes 2018 shillings or imprisonment for a term not exceeding two years, or to both. 42. (1) A person who knowingly and willfully aids or abets the commission of any offence under this Act commits an offence and is liable, on conviction, to a fine not exceeding seven million shillings or to imprisonment for a term not exceeding four years, or to both. Aiding or abetting in the commission of an offence. (2) A person who knowingly and willfully attempts to commit an offence or does any act preparatory to or in furtherance of the commission of any offence under this Act, commits an offence and is liable, on conviction, to a fine not exceeding seven million shillings or to imprisonment for a term not exceeding four years, or to both. 43. (1) Where any offence under this Act has been committed by a body corporate — (a) the body corporate is liable, on conviction, to a fine not exceeding fifty million shillings; and (b) every person who at the time of the commission of the offence was a principal officer of the body corporate, or anyone acting in a similar capacity, is also deemed to have committed the offence, unless they prove the offence was committed without their consent or knowledge and that they exercised such diligence to prevent the commission of the offence as they ought to have exercised having regard to the nature of their functions and to prevailing circumstances, and is liable, on conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years, or to both . (2) If the affairs of the body corporate are managed by its members, subsection (1) (b) applies in relation to the acts or defaults of a member in connection with their management functions, as if the member was a principal officer of the body corporate or was acting in a similar capacity. 44. (1) A court may order the confiscation or forfeiture of monies, proceeds, properties and assets purchased or obtained by a person with proceeds derived from or in the commission of an offence under this Act. Offences by a body corporate and limitation of liability. Confiscation or forfeiture of assets.

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