26 Apr 2018 in National Assembly:
(7) A person may apply for an order under his section outside court working hours. (8) The Court may order a service provider to provide any subscriber information in itspossession for the purpose of identifying a person whose conduct is complained of under this section. (9) A person who contravenes an order made under this section commits an offence and is liable, on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months, or to both.
view
26 Apr 2018 in National Assembly:
We are talking about crimes on cyber harassment that covers two aspects of cyberbullying and cyberstalking. The amendment also allows a victim to apply for restraining orders from the courts. I seek support from the Members to amend the clause.
view
26 Apr 2018 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 21 and substituting therefor the following new Clause— 21. (1) A person who commits an offence under any other law through the Additional penalty use of a computer system commits an offence and shall be liable on for other offences committed through conviction to a penalty similar to the penalty provided under that law. use of a computer (2) A Court shall, in determining whether to sentence a person convicted of system an offence under this section, consider—
view
26 Apr 2018 in National Assembly:
(a) the manner in which the use of a computer system enhanced the impact of the offence; (b) whether the offence resulted in a commercial advantage or financial gain; (c) the value involved, whether of the consequential loss or damage caused, or the profit gained from commission of the offence through the use of a computer system; (d) whether there was a breach of trust or responsibility; (e) the number of victims or persons affected by the offence; (f) the conduct of the accused; and (g) any other matter that the court deems fit to consider. This is to make ...
view
26 Apr 2018 in National Assembly:
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.
view
26 Apr 2018 in National Assembly:
They are two. One is from the Departmental Committee on Communication, Information and Innovation and the other is from the Departmental Committee on Administration and National Security. Hon. Temporary Deputy Chairman, I beg to move: THAT, Clause 23 of the Bill be amended— (a) in sub-clause (7) by inserting the following new paragraphs immediately after paragraph (b)— “(c) maintain the integrity of a computer system, any data or information accessed or retained; and (d) maintain the confidentiality of a computer system, any data or information accessed during the execution of the warrant.” (b) in sub-clause (8) by deleting paragraph (b) ...
view
26 Apr 2018 in National Assembly:
I wanted to say that as the Departmental Committee on Communication, Information and Innovation, we do not have any issues with the amendments from the Departmental Committee on Administration and National Security. We had enhanced, but his is better than ours. As a Committee, we support.
view
26 Apr 2018 in National Assembly:
Hon. Temporary Deputy Chairman, because of what has happened, we have already taken the amendments from the Chairman of the Departmental Committee on Administration and National Security. The one on my Committee stands dropped.
view
26 Apr 2018 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 24. We discussed and deliberated. There are so many issues. In the Bill, there was a proposal that a police officer or an authorised officer could go into premises and seize data or arrest without a warrant of arrest. There is no justification because to conduct a search without a warrant contradicts Articles 24(1)(a) and 31 of the Constitution on freedom of expression and others. As a Committee, we said this clause be deleted completely because it offends the Constitution of Kenya.
view
26 Apr 2018 in National Assembly:
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.
view