70
No. 5
Computer Misuse and Cybercrimes
2018
(2) Subject to subsection (3), a police officer or an
authorised person shall, on request, permit a person who —
(a) had the custody or control of the computer system;
(b) has a right to any data or information seized or
secured; or
(c) has been acting on behalf of a person under
subsection (1)(a) or (b), to access and copy
computer data on the system or give the person a
copy of the computer data.
(3) The police officer or authorised person may refuse
to give access or provide copies under subsection (2), if
they have reasonable grounds for believing that giving the
access or providing the copies, may —
(a) constitute a criminal offence; or
(b) prejudice —
(i) the investigation in connection with the
search that was carried out;
(ii) an ongoing investigation; or
(iii) any criminal proceeding that is pending or
that may be brought in relation to any of those
investigations.
(4) Despite subsection (3), a court may, on reasonable
grounds being disclosed, allow a person who has qualified
under subsection (2) (a) or (b) —
(a) access and copy computer data on the system; or
(b) obtain a copy of the computer data.
50. (1) Where a police officer or an authorised person
has reasonable grounds to believe that —
(a) specified data stored in a computer system or a
computer data storage medium is in the
possession or control of a person in its territory;
and
(b) specified subscriber information relating to
services offered by a service provider in Kenya are
in that service provider's possession or control and
is necessary or desirable for the purposes of the
investigation, the police officer or the authorised
person may apply to court for an order .
Production order.