40 No. 5 Computer Misuse and Cybercrimes 2018 THE COMPUTER MISUSE AND CYBERCRIMES ACT No. 5 of 2018 Date of Assent: 16th May, 2018 Date of Commencement: 30th May, 2018 AN ACT of Parliament to provide for offences relating to computer systems; to enable timely and effective detection, prohibition, prevention, response, investigation and prosecution of computer and cybercrimes; to facilitate international co-operation in dealing with computer and cybercrime matters; and for connected purposes ENAt;TED by the Parliament of Kenya as follows — PART 1—PRELIMINARY 1. This Act may be cited as the Computer Misuse and Cybercrimes Act, 2018. 2. In this Act, unless the context otherwise requires — Short title. Interpretation. "access" means gaining entry into or intent to gain entry by a person to a program or data stored in a 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; (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; "Authority" means the Communications Authority of Kenya; "authorised person" means an officer in a law enforcement agency or a cybersecurity expert designated Cap. 411A.