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
Steps
- Report it at any police station or DCI office (regional, county or sub-county).
- You can also call the DCI toll-free line on 0800 722 203.
- 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)
- Computer Misuse and Cybercrimes Act, 2018 (No. 5 of 2018) new.kenyalaw.org · read 3 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- 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
- Investigative Services dci.go.ke · read 3 Oct 2026
- Public Complaints dci.go.ke · read 3 Oct 2026
- Contact Us dci.go.ke · read 3 Oct 2026
- 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