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Kenyan Criminal Law

Computer Misuse and Cybercrimes Act, 2018 (Kenya)

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.

Legal Definition

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.

📖 Constitutional / Statutory Basis: Computer Misuse and Cybercrimes Act, 2018 (No. 5 of 2018)

Practical Example

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.

Frequently Asked Questions

Where do I report a cybercrime in Kenya?
Report to the Directorate of Criminal Investigations (DCI) Cybercrime Unit at DCI Headquarters, Nairobi, or any police station. You can also report online at dci.go.ke. Preserve all digital evidence (screenshots, timestamps, URLs) before reporting.
Is it a crime to share someone's WhatsApp messages without consent in Kenya?
It can be. Intercepting electronic communications without consent is an offence. Sharing private messages publicly may also constitute cyber harassment depending on the intent and effect.

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