71
2018
Computer Misuse and Cybercrimes
No. 5
(2) The Court shall issue an order directing —
(a)a specified person to submit specified computer
data that is in that person's possession or control,
and is stored in a computer system or a computer
data storage medium; or
(b) a specified service provider offering its services in
Kenya to submit subscriber information relating to
such services in that service provider's possession
or control.
51. (1) Where a police officer or an authorised person
has reasonable grounds to believe that —
(a) any specified traffic data stored in any computer
system or computer data storage medium or by
means of a computer system is reasonably required
for the purposes of a criminal investigation; and
(b) there is a risk or vulnerability that the traffic data
may be modified, lost, destroyed or rendered
inaccessible, the police officer or an authorised
person shall serve a notice on the person who is in
possession or control of the computer system,
requiring the person to —
(i) undertake expeditious preservation of such
available traffic data regardless of whether one
or more service providers were involved in the
transmission of that communication; or
(ii) disclose sufficient traffic data concerning any
communication in order to identify the service
providers and the path through which
communication was transmitted.
(2) The data specified in the notice shall be preserved
and its integrity shall be maintained for a period not
exceeding thirty days.
(3) The period of preservation and maintenance of
integrity may be extended for a period exceeding thirty
days if, on an application by the police officer or authorised
person, the court is satisfied that —
(a) an extension of preservation is reasonably required
for the purposes of an investigation or prosecution;
(b) there is a risk or vulnerability that the traffic data
may be modified, lost, destroyed or rendered
inaccessible; and
Expedited
preservation and
partial disclosure
of traffic data.