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{
    "id": 784262,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/784262/?format=api",
    "text_counter": 86,
    "type": "speech",
    "speaker_name": "Hon. Kisang",
    "speaker_title": "",
    "speaker": {
        "id": 2263,
        "legal_name": "William Kipkemoi Kisang",
        "slug": "william-kipkemoi-kisang"
    },
    "content": "System Audit and Control Association (ISACA), Kenya Chapter of ISACA, the Technology Service Providers of Kenya (TESPOK), Safaricom Limited and Article 19. Article 19 is an association that is basing the issues on Article 19 of the Constitution. Last but not least, we met the Ministry of Information Communication and Technology. The other stakeholders were on issues on security. The Departmental Committee on Administration and National Security, headed by Hon. Koinange, also met some groups. He is going to report on what the stakeholders said. I want to give a summary overview of the Bill, as the Leader of the Majority Party, has said. The Computer and Cyber Crimes Bill, 2017 seeks to provide for offenses relating to computer systems in order to enable timely and effective detection, investigation and prosecution of computer and cybercrimes. So far, in Kenya, we do not have such a law. That is why this Bill is timely; so that we minimise the crimes, in collaboration with other states, under mutual legal assistance agreements. The Bill proposes to regulate several concepts. Clause 3 outlines the objects of the Bill as the protection of the confidentiality, integrity and availability of computer systems, programmes and data; prevention of unlawful use of computer systems, facilitation of investigation and prosecution of cybercrimes, and facilitation of international cooperation on the subject matter of the Bill. You know, there are some systems that are very critical in our country. We have systems used by the National Intelligence Service (NIS) and the Kenya Defence Forces (KDF) as well as the money payment systems. These systems are very sensitive. That is why it is important that they are protected. Part II of the Bill prescribes various offenses and penalties. These include, among others, unauthorised access of a computer system, which is punishable by a fine of up to Kshs5 million or imprisonment of three years or both. There are some experts outside there who may access systems illegally. There are even some employees of organisations who have left. They have the in-house knowledge to access systems and mess them up or shut them down. Unauthorised interference of a computer system, program or data is punishable by a fine of up to Kshs10 million or imprisonment of five years or both. Unauthorised interception of data to or from a computer system over a telecommunication system is punishable by a fine of up to Kshs20 million or imprisonment of 10 years or both. What happens is that as you communicate, there are people who can intercept and get to know what is happening between two parties or even data that is shared across networks? We are saying that this is illegal. If somebody intercepts communication with an intention of committing a crime – cyber espionage – it is punishable with the imposition of a fine not exceeding Kshs10 million or a term of imprisonment not exceeding 20 years or both. Publishing false, misleading or fictitious data with the intention that the data be considered or acted upon as authentic is punishable with the imposition of a fine not exceeding Kshs5 million or a term of imprisonment not exceeding two years or both. There are so many things that have been published. If you read today’s and yesterday’s papers, there are many false reports. You go home in the evening and check your WhatsApp and Facebook and you find so many things that are written about us and others that are not true. So, we are trying to curb this by ensuring that people become responsible and use technology for the intended purposes. Publication, production or possession of child pornography on a computer system is punishable with imposition of a fine not exceeding Kshs20 million or a term of imprisonment not exceeding 10 years or both. As the Leader of the Majority Party has said, our children are not safe. There are so many pornographic sites and they are available and we need to protect children. We need to teach our 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."
}