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{
    "id": 784255,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/784255/?format=api",
    "text_counter": 79,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Yesterday, I watched the Director of Criminal Investigations on television saying that he needs legislative powers to deal with a matter which was raised by Hon. (Ms.) Sabina Chege. I do not know why she is not here. No, you are here. Today you must speak. You and many others, including Hon. Wamalwa, and I have been victims. So, this Bill will facilitate investigative and prosecutorial agencies with regard to dealing with cyber-crimes. Finally, this Bill will also facilitate International Co-operation on computer and cybercrime matters because the crimes committed using computers are sometimes trans-border. This Bill will also give the platform and also facilitation for international investigative agencies so that they deal with matters on computer and cybercrime. Part II of the Bill provides for the offences which are punishable under this Act. I want Members to look at that. If this House feels that the offences being investigated are adequate, that is good. However, if we feel we must increase the offence being investigated, I am sure the relevant committee listened to the stakeholders. The Chairman will give us the views of the stakeholders so that we ask ourselves whether the penalties prescribed in the Bill are adequate or not and also if we need to increase or reduce them. Those powers lie with this House. So, Part II of the Bill provides for the offences punishable under the Act. The offenses created under this part include the following: (i) Unauthorised access by infringing on security measures. There are people who hacked the systems of Kenya Defence forces (KDF). They can hack the systems of the National Intelligence Service (NIS), government agencies and departments. So, there are penalties that any unauthorised persons who gets access by infringing on security issues, he or she will be liable for an offence under this Act. Unauthorised interference to a computer system, program or data, and unauthorised intersection of data from one computer system over the telecommunication system will attract a penalty. (ii) Illegal devices and access codes. There are people who use illegal communication systems. You remember the Chinese and Koreans who set up a communication centre in Runda in 2015 and who were involved in financial fraud in credit cards. So, we are talking about unauthorised illegal use of devises and access codes, pass words, unauthorised disclosure of passwords or access codes. If somebody steals or accesses your password, or access code he or she will have committed an offence. These offences are common in the financial, banking and security sectors. There are many cyber-crimes. We have heard of false publications and fake news. The other day, there were people who posted fake news when our father, the former President was in Israel, recovering from illness. Every day we see fake news. This Bill will deal with you if you get your daily income from creating fake news. Your days are numbered. (iii) Child pornography. There are countries if you go to and you want to access any pornography, the system rejects. A good example is United Arab Emirates (UAE) and China. Our children are not safe because they can access and watch nude photos and pornography videos. We must protect the family. We must protect our families. Protecting the family starts with our children. We should only allow systems that bar access to child pornography or any type of pornography. (iv)Computer forgery. There are people who transfer documents using the computer forgery. (v) Cyber stoking and bullying. We are the greatest victims of cyber stalking and bullying. We are normally threatened. Somebody sends you a message saying, “We will meet in 2022.” He does not know whether he will reach there or The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}