The Computer and Cybercrimes Bill, 2016 THE COMPUTER AND CYBERCRIMES BILL, 2016 A Bill for AN ACT of Parliament to provide for offences relating to computer systems; to enable timely and effective collection of forensic material for use as evidence, and facilitate international co-operation in dealing with cybercrime matters; and for connected purposes ENACTED by the Parliament of Kenya as follows— PART 1—PRELIMINARY Short title. 1. Interpretation. 2. This Act may be cited as the Computer and Cybercrimes Act, 2016. In this Act, unless the context otherwise requires— “access” means gaining entry into or intent to gain entry by a person to any program or data stored in any computer system and the person either— (a) alters, modifies or erases a program or data or any aspect related to the program or data in the computer system; or (b) copies, transfers or moves a program or data to— (i) any computer system, device or storage medium other than that in which it is stored; or (ii) to a different location in the same computer system, device or storage medium in which it is stored; (c) causes it to be output from the computer in which it is held, whether by having it displayed or in any other manner; or (d) uses it by causing the computer to execute a program or is itself a function of the program; Cap 411A. “Authority” has the meaning assigned to it under section 3 of the Kenya Information Communications Act; “authorised person” means a person designated by the Cabinet Secretary by notice in the Gazette for the purposes of Part III of this 3

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