The offence of unauthorised access is committed where a person, whether temporarily or permanently, causes a computer system to perform a function by infringing security measures with intent to gain access without authorisation. Access is unauthorised if that person is not entitled to control access of the computer system in question or does not have consent from the person authorised to access the computer system. This offence is punishable by a fine not exceeding Kshs. 5,000,000.00 or to imprisonment for a term not exceeding three years, or both. However, if the unauthorised access is gained with the intent to commit a further offence, the liability on conviction is a fine not exceeding Kshs. 10,000,000.00 or imprisonment for a term not exceeding 10 years, or both.