Much of life now happens on phones, servers, and payment platforms, so it is unsurprising that many criminal allegations now involve computers , from disputed logins to messages posted online. The law in this area is comparatively young, and its technical nature raises questions that ordinary criminal practice does not.
What does the Computer Misuse and Cybercrimes Act 2018 cover?
- Unauthorised access to computer systems and unauthorised interception of communications.
- Computer fraud and interference with data or systems.
- Identity theft and impersonation online.
- Cyber harassment and false or misleading publications intended to cause harm.
The categories are broad, and conduct that feels minor , sharing a screenshot, accessing a shared account after a disagreement , can be drawn into the Act’s scope. Equally, allegations are frequently contested on the facts, because the same act can look very different depending on consent, authorisation, and intent.
How do investigations and trials work?
Complaints are made to the police, and specialised units collect digital evidence such as device data, server logs, and communications records. The admissibility of electronic evidence in court is governed by the Evidence Act, and questions of authenticity and attribution , who actually used a device or account , are often the centre of the trial. Prosecutions are conducted by the Office of the Director of Public Prosecutions, and the text of the Act can be read on Kenya Law.
What should an accused person or a business do?
An accused person should preserve devices and records that may assist the defence, avoid contacting the complainant, and instruct counsel early; the presumption of innocence applies fully. Businesses have their own reasons for care: unclear staff access policies and weak records make both internal disputes and external allegations harder to resolve. Because attribution is so often the battleground, contemporaneous records of who had access to an account, and when, are valuable whether you are defending a claim or conducting an internal investigation. Our governance and advisory team advises organisations on access controls and internal investigations, and our practice areas page describes the defence representation we provide.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.