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Is it a crime to go through my partner's phone or WhatsApp?

Computer Misuse and Cybercrimes Act, 2018 and Constitution of Kenya · sources read 4 Oct 2026

Yes, it can be. Getting into someone's phone or account by getting past its security, without their consent, is unauthorised access (fine up to KSh 5 million, up to 3 years in jail, or both), and intercepting their messages without authorisation is a separate offence (up to KSh 10 million, up to 5 years, or both).

Where
Any police station or DCI office; DCI toll-free 0800 722 203
Go to the official site

Steps

  1. Report it at any police station or DCI office (regional, county or sub-county).
  2. You can also call the DCI toll-free line on 0800 722 203.
  3. DCI investigates cyber crimes, including unauthorised access to phones and accounts.

Watch out

  • The unauthorised access offence is about getting past security measures knowing you have no permission.
  • Intercepting messages as they are sent, for example with spy apps, is a separate offence: up to KSh 10 million, up to 5 years in jail, or both.
  • Courts may refuse such material as evidence. In a 2021 case from a divorce dispute, the High Court threw out recorded phone conversations for breaching the right to privacy.

Who this covers

  • Everyone, married or not: the Constitution protects every person's right to the privacy of their communications.
  • Access is unauthorised if the person is not entitled to control access and has no consent from someone who is.
Official sources (7)
  1. Computer Misuse and Cybercrimes Act, 2018 (No. 5 of 2018) new.kenyalaw.org · read 3 Oct 2026
  2. Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
  3. RC v KKR [2021] KEHC 12803 (KLR), High Court at Nairobi, Constitutional and Human Rights Division (Mrima J) new.kenyalaw.org · read 3 Oct 2026
  4. Investigative Services dci.go.ke · read 3 Oct 2026
  5. Public Complaints dci.go.ke · read 3 Oct 2026
  6. Contact Us dci.go.ke · read 3 Oct 2026
  7. Computer Misuse and Cybercrimes (Amendment) Act, 2025 (No. 17 of 2025), Kenya Gazette Supplement No. 170 (Acts No. 17) parliament.go.ke · read 4 Oct 2026

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