The Kenya Communications (Amendments) Bill has featured a lot in the media for the past one year mainly because of its provisions that directly affect the media houses. Unfortunately nobody has taken time to highlight some of the very good provisions of the bill especially those touching on electronic transactions and data security. The bill also gives the Communications Commission of Kenya (CCK) more powers to regulate competition and also establishes the Universal Access Fund that is meant to support and promote widespread access to ICT services. Below are some of the highlights on those aspects of the bill:

DATA SECURITY

1. Unauthorised access to data and computer systems commonly referred to as hacking is now an offence and anyone convicted of this offense will be liable to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding two years or both.
2. The use of a computer system to commit an offence or access with intent to commit an offense on conviction is liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding two years or both.
3. Any person who without lawful authority or lawful excuse does an act which causes directly or indirectly damage or denial of service to a computer system shall on conviction be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding two years or both.
4. Any person who knowingly manufactures, sells, procures for use, imports, distributes or who knowingly receives, or is in possession, without sufficient excuse or otherwise makes available a computer system or any other device designed or adapted primarily for the purpose of committing any offence under sections 83U and 83Z, shall commit an offence. Where any person is convicted under this section, he shall on conviction be liable to fine not exceeding two hundred thousand shillings and of imprisonment for a term not exceeding two years or both.
5. Any person who fraudulently causes loss of property to another person by: any input, altercation, deletion or suppression of data; or any interference with the functioning of a computer system, with intent to procure for himself or another person, an advantage, shall commit and offence and shall, on conviction be liable to fine not exceeding two hundred thousand shillings and of imprisonment for a term not exceeding two years or both.

RECOGNITION OF PARTIES OF ELECTRONIC MESSAGES
As between the originator and the addressee of an electronic message, a declaration of intent or other statement shall not be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic message. This section recognizes electronic messages and hence electronic transactions as legally binding and hence enforceable.

TAMPERING WITH COMPUTER SOURCE DOCUMENTS
Any person who knowingly or intentionally conceals, destroys or alters, or intentionally or knowingly causes another person to conceal, destroy or alter any computer source code, computer programme, computer system or computer network, where the computer source code is required to be kept or maintained by law for the time being in force, shall commit an offence and shall, on conviction be liable to fine not exceeding three hundred thousand shillings and of imprisonment for a term not exceeding three years, or both.

PUBLISHING OF OBSCENE INFORMATION IN ELECTRONIC FORM
Any person who publishes or transmits or causes to be published in electronic form, any material which is lascivious or appeals to the prurient interest and its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied therein, shall commit an offence and shall, on conviction be liable to fine not exceeding two hundred thousand shillings and of imprisonment for a term not exceeding two years or both.

PUBLICATION FOR FRAUDULENT PURPOSE
Any person, who knowingly creates, publishes or otherwise makes available an electronic signature certificate for any fraudulent or unlawful purpose commits an offence and shall, on conviction be liable to fine not exceeding one million shillings and of imprisonment for a term not exceeding five years or both.

UNAUTHORISED ACCESS TO PROTECTED SYSTEMS
Any person who secures access or attempts to secure success to a protected system in contravention of the provisions of this part shall be guilty of an offence and shall, on conviction be liable to fine not exceeding one million shillings and of imprisonment for a term not exceeding five years or both.

RE-PROGRAMMING OF MOBILE TELEPHONE

1. Any person who knowingly or intentionally, not being a manufacturer of mobile telephone devices or authorized agent of such manufacturer, changes mobile telephone equipment identity, or interferes with the operation of the mobile telephone equipment identity, commits an offence.
2. Any person guilty of an offence under this section shall, on conviction be liable to fine not exceeding one million shillings and of imprisonment for a term not exceeding five years or both.

You may download a full copy of some featured sections of the bill by clicking here