The Computer Misuse and Cybercrimes Act

The Computer Misuse and Cybercrimes Act of 2018 (CMCA) was assented on 16th May 2018 and enacted on 30th May, 2018.
CMCA provides 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 cooperation in dealing with computer and cybercrime matters, and for connected purposes.

The objectives of CMCA as provided by law include:

  • Protect the confidentiality, integrity, and availability of computer systems programs and data.
  • Prevent the unlawful use of computer systems.
  • Facilitate the prevention, detection, investigation, prosecution, and punishment of cybercrime.
  • Protect the rights to privacy, freedom of expression, and access to information as guaranteed under the Constitution.
  • Facilitate international co-operation on matters covered under this Act.

Offences

  • ­Unauthorized Access, Interference, and Interception to ICT Systems
  • ­ Illegal Devices and Access Codes
  • ­ Cyber Espionage
  • ­ False Publications and Publication of False Information
  • ­ Child Pornography
  • ­ Computer Fraud and Forgery
  • ­ Subversion
  • ­ Cyber Harassment
  • ­ Cybersquatting
  • ­ Identity Theft and Impersonation
  • ­ Phishing
  • ­ Cyberterrorism and Sabotage
  • ­ Aiding or abetting in the commission of an offence
  • ­ Any other Computer and Cyber Crimes as provided for in all laws of Kenya

CMCA 2018