68
No. 5
Computer Misuse and Cybercrimes
2018
(f) the conduct of the accused; and
(g) any other matter that the court deems fit to
consider.
PART IV— INVESTIGATION PROCEDURES
47. (1) All powers and procedures under this Act are
applicable to and may be exercised with respect to any —
Scope of
procedural
provisions.
(a) criminal offences provided under this Act;
(b) other criminal offences committed by means of a
computer system established under any other law;
and
(c) the collection of evidence in electronic form of a
criminal offence under this Act or any other law.
(2) In any proceedings related to any offence, under
any law of Kenya, the fact that evidence has been
generated, transmitted or seized from, or identified in a
search of a computer system, shall not of itself prevent that
evidence from being presented, relied upon or admitted.
(3) The powers and procedures provided under this
Part are without prejudice to the powers granted under —
(a) the National Intelligence Service Act, 2012;
No.28 of 2012.
No. 30 of 2011.
No. 25 of 2012.
(b) the National Police Service Act, 2011;
(c) the Kenya Defence Forces Act, 2012; and
(d) any other relevant law.
48. (1) Where a police officer or an authorised person
has reasonable grounds to believe that there may be in a
specified computer system or part of it, computer data
storage medium, program, data, that—
(a) is reasonably required for the purpose of a criminal
investigation or criminal proceedings which may
be material as evidence; or
(b) has been acquired by a person as a result of the
commission of an offence, the police officer or the
authorised person may apply to the court for issue
of a warrant to enter any premises to access, search
and similarly seize such data.
Search and seizure
of stored
computer data.