Introduction
The crimes committed against computerand the airspace has become bizarre and enormous in Kenya. A few countrieshave placed a legal framework to combat the crimes in order to install sanity in our media. The computers haveproved to be unsafe to conduct businesssince hackers have become rampant in the world today. Kenya especially lacks specific laws which govern the use of computers .Where gaps exist governments should draw on the best practices from other countries and work closely with industry to enact enforceable legal protections against these new crimes. Self protection, while essential is not sufficient to make cyberspace a safe place to conduct business. The rule of law must also be enforced. Today computers are being misused for illegal activities like e-mails espionage, credit card, fraud, spam’s software piracy and so on which invade piracy and offend our senses. Therefore there is need to take action ensure that computers do not interfere with everything we worked for a fortune. Cyberspace has developed since the 1990s and the impact on the societies has been so fast and enormous, that codes of ethics and the common sense of justice and penal laws have kept pace. In order to establish ethical standards in the cyberspace, penal laws must be enacted with clarity and specificity as possible, and not rely on the vague interpretations in the existing legislation. With cyber laws, perpetratorswill be convicted for their explicit acts and not by existing provisions stretched in the interpretation, or by provisions enacted for other purposes covering only incidental or peripheral conduct. Cyber crime laws will also ease the evidentiary burden for law enforcement and prosecutors and courts will be able to participate in the process of establishing precedents and ethical standards more significantly through their ruling and sentencing. The nature of cybercrime and legal issues are global.Ensuring that the dual criminality requirement is fulfilled may provide for an efficient global prosecution of cybercrimes. Such an approach is especially vital in the investigation and prosecution of attacks against the infrastructure of computer systems and networks.
Kenya Internet and Cyberspace Law : Understanding Cyber Crime in Kenya
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