69
2018
Computer Misuse and Cybercrimes
No. 5
(2) A search warrant issued under subsection (1) shall
(a) identify the police officer or authorised person;
(b) direct the police officer or authorised person under
paragraph (a) to seize the data in question ; or
(c) direct the police officer or authorised person to:
(i) search any person identified in the warrant;
(ii) enter and search any premises identified in
the warrant; or
(iii) search any person found on or at such
premises.
(3) A search warrant may be issued on any day and
shall be of force until it is executed or is cancelled by the
issuing court.
(4) A police officer or an authorised person shall
present a copy of the warrant to a person against whom it is
issued.
(5) A person who —
(a) obstructs the lawful exercise of the powers under
this section;
(b) compromises the integrity or confidentiality of a
computer system, data, or information accessed or
retained under this section; or
(c) misuses the powers granted under this section,
commits an offence and is liable on conviction to a
fine not exceeding five million shillings or to a term of
imprisonment not exceeding three years or to both.
49. (1) Where a computer system or data has been
removed or rendered inaccessible, following a search or a
seizure under section 48, the person who made the search
shall, at the time of the search or as soon as practicable
after the search —
(a) make a list of what has been seized or rendered
inaccessible, and shall specify the date and time of
seizure; and
(b) provide a copy of the list to the occupier of the
premises or the person in control of the computer
system referred to under paragraph (a).
Record of and
access to seized
data.