Why phone snooping could cost more than your relationship

AI illustration of woman snooping through partner's phone while he sleeps.

You risk jail term and multi-million shilling fines if you are proven to have snooped on your partner’s phone, interfered with workplace computer systems, or disclosed another person’s password, lawyer Danstan Omari has warned.

In his weekly explainer, Omari said that the Computer Misuse and Cybercrimes Act, 2018, which came into force on May 30, 2018, applies to all electronic gadgets including mobile phones, laptops, tablets and iPads. 

He said the law recognises these devices as computers and provides heavy penalties for any misuse.

“You risk three years in jail for snooping on your partner’s phone or computer,” Omari says.

"Any electronic gadget used for communication or data storage is covered, and misuse attracts criminal liability.”

Omari notes that the law defines unauthorised access as opening another person’s phone, laptop or email without their permission. 

A person convicted of this offence faces up to three years in prison, a fine, or both. 

According to the lawyer, the penalties become harsher if access is made with criminal intent. 

For example, using someone else’s phone to send a threatening message or commit fraud can result in a fine of up to Sh10 million shillings, a ten-year jail term, or both. 

He described such actions as common in domestic or workplace disputes but stressed that they amount to crimes under the Act.

The lawyer further explains that unauthorised interference with digital gadgets is equally punishable. 

Acts such as changing another person’s password, installing spyware on their device, or secretly tracking their location attract penalties of up to ten years in jail or fines running into millions of shillings. 

He adds that unauthorised interception of communication is also criminalised, meaning that listening to calls, reading private messages, or intercepting emails without consent can lead to five years in prison or a fine of ten million shillings.

Omari points out that employees and administrators should be cautious when handling digital credentials. 

The law makes it an offence to disclose a password entrusted to you in confidence.

Conviction for such disclosure can result in three years in jail, a fine of five million shillings, or both.

The penalties are far more severe when it comes to interference with protected computer systems. 

These include critical infrastructures such as bank databases, police communication networks, hospital records, university systems and government registries.

Tampering with such systems attracts a minimum of 20 years in prison and fines of up to 20 million shillings.

Omari also raises concern about the offence of cyber espionage, which is provided for under Section 21 of the Act. 

This involves obtaining sensitive information on Kenya’s critical installations and passing it to foreign countries.

“This is an offence against patriotism,” he says. 

"If you are caught working for foreigners using computers to betray your country, you face 20 years in jail or a fine of 10 million shillings, or both.”

The lawyer adds that ordinary Kenyans could also fall foul of the law in ways they may not expect. 

He cites cases involving mobile money transfers, where people receive money by mistake and decide to keep it.

“Many of you receive money sent in error and decide to disappear with it. That is unlawful. Even though you did not ask for the money, keeping it is against the law,” he said.

Omari urges Kenyans to familiarise themselves with the provisions of the Computer Misuse and Cybercrimes Act.

He warns that ignorance is no defence in court and reminded the public that everyday gadgets they carry qualify as computers under the law. 

"That phone or laptop you carry is a computer in the eyes of the law. Use it responsibly so that you don’t break the law,” he said.

The Act was introduced to safeguard privacy, protect national systems, and curb misuse of technology.

Offences under it range from snooping on a partner’s phone to cyber espionage, with penalties that include fines of up to 20 million shillings and jail terms of up to 20 years.

Omari says Kenyans should take the law seriously because even casual snooping or careless sharing of digital information can result in serious legal consequences.