Kenya's Computer Misuse and Cybercrimes Act, 2018 criminalises hacking, cyberstalking, cyberbullying, identity theft, and sharing intimate images without consent. Penalties range from fines to 10+ years' imprisonment.
The Computer Misuse and Cybercrimes Act, 2018 (No. 5 of 2018) establishes offences relating to computer systems and electronic communications. Key offences include: **Unauthorised access** (hacking): Accessing a computer system without permission — penalty up to KES 5 million or 3 years. **Cyber harassment / cyberstalking**: Using electronic communications to harass, threaten, or stalk another person — penalty up to KES 20 million or 10 years. **Publication of false information**: Knowingly posting false statements likely to cause harm or panic — widely used but partially struck down by courts. **Non-consensual sharing of intimate images** ('revenge porn'): Publishing intimate images without the subject's consent — up to KES 20 million or 10 years. **Identity theft**: Using another person's electronic identity without authorisation. Cases are investigated by the DCI's Cybercrime Unit and prosecuted by the DPP. Victims can also apply for a civil injunction to compel platforms to remove harmful content.
An ex-partner posts intimate photos of a woman online without her consent. She reports to the DCI Cybercrime Unit and files a complaint under Section 27 of the Act. The ex-partner faces up to 10 years' imprisonment and/or a KES 20 million fine.
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