In close relationships, trust is everything. But snooping on your partner’s phone or computer—reading their messages, emails, WhatsApp chats, or social media—might seem minor. In Kenya, it isn’t. Under the Computer Misuse and Cybercrimes Act, 2018 (CMCA), such actions may be criminal.
This guide explains what the law says, what actions are criminalized, what penalties apply, and what people often misunderstand. By the end, you’ll know your rights—and your risks.
The Computer Misuse and Cybercrimes Act, 2018, came into force to address growing digital practices that threaten privacy, financial systems, security, and the integrity of data.
Its objectives include protecting confidentiality, integrity, and availability of computer systems, preventing unlawful use thereof, facilitating detection, investigation, and prosecution of cybercrimes, and protecting individuals’ rights to privacy and freedom of expression.
Some terms in the law may sound technical. Here are the key ones, and how they relate to relationship “snooping.”
| Action | Legal Term | What It Means in Practical / “Snooping” Terms |
|---|---|---|
| Looking through your partner’s phone or computer without their permission (reading messages, emails, etc.) | Unauthorized Access | You intentionally go into a computer system or device (phone/computer) without permission. CMCA section 14 forbids intentional access when you don’t have entitlement or consent. |
| Changing settings, deleting or modifying data (without consent), or making the device act differently | Unauthorized Interference with Your Partner’s Phone | Section 16: Any act that causes interference (temporary or permanent) without authorisation is illegal. |
| Listening in or intercepting messages or communications (SMS, WhatsApp, calls) that are not yours or without permission | Unauthorized Interception | Section 17 covers interception of data or communications over telecommunications networks without authorisation. |
| Using someone else’s password, or accessing via codes that aren’t yours (even if you “borrowed” them) | Illegal Devices & Access Codes / disclosure of passwords | Illegal Devices & Access Codes/disclosure of passwords |
Beyond these, the law also criminalises phishing, identity theft & impersonation, false publications, cyber harassment, child pornography, etc.
Here are some examples of penalties under the CMCA when you commit one of these offences. Note: penalties depend on severity, context, and whether the system affected is specially protected (banks, government systems, etc).
| Offence | Penalty (Fine / Imprisonment / Both) |
|---|---|
| Unauthorized access to a computer system or data you are not entitled to (no consent) | Up to KES 5 million or imprisonment up to 3 years, or both. |
| Unauthorized interference with a computer system or its data | Up to KES 10 million or imprisonment up to 5 years, or both. |
| Unauthorized interception of communications | Up to KES 10 million or 5 years imprisonment, or both. If serious (loss, injury, threats etc.), up to 10 years. |
| Disclosure of someone else’s password or access code without their permission | Up to KES 10 million or 5 years imprisonment, or both. If serious (loss, injury, threats, etc.), up to 10 years. |
| Offences involving protected computer systems (banking, utilities, government, etc.) | Much harsher: fines up to KES 25 million, imprisonment up to 20 years, or both. |
So yes – for something that might feel like “just looking,” the law is clear: it could be criminal, and the consequences are heavy.
To make this more concrete, here are some hypothetical or real scenarios (adapted for clarity):
The law defines protected computer systems, which include systems critical to national security, government databases, banking/financial/payment systems, public utilities, telecommunications, etc.
If offences (access, interference, interception, etc.) are committed on such systems, the penalties are much heavier.
Snooping on your partner may feel like a small act of curiosity. But in Kenya, digital interactions are no longer in a legal vacuum.
The Computer Misuse and Cybercrimes Act, 2018 treats unauthorized access, interception, interference, and misuse of passwords or devices as serious offences.
You risk substantial fines and jail time—even if your intention wasn’t malicious. Respect, transparency, and consent are not just moral; they are legal protections.
If you’re dealing with issues of privacy, trust, or digital boundaries in your relationship, consider talking openly, possibly getting legal advice. Better to avoid a jail term than explain why you thought “just a peek” was harmless.
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