Computer Misuse and Cybercrimes

66. Territorial jurisdiction

Edition: 2025-11-04 · In force

66. Territorial jurisdiction

(1)Any court of competent jurisdiction shall try any offence under this Act where the act or omission constituting the offence is committed in Kenya.

(2)For the purposes of subsection (1), an act or omission committed outside Kenya which would if committed in Kenya constitute an offence under this Act is deemed to have been committed in Kenya if—

(a)the person committing the act or omission is–

(i)a citizen of Kenya; or

(ii)ordinarily resident in Kenya; and

(b)the act or omission is committed–

(i)against a citizen of Kenya;

(ii)against property belonging to the Government of Kenya outside Kenya; or

(iii)to compel the Government of Kenya to do or refrain from doing any act; or

(c)the person who commits the act or omission is, after its commission or omission, present in Kenya.

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Source: Kenya Law