82
No. 5
Computer Misuse and Cybercrimes
2018
obtain necessary authorisation including any warrants to
execute upon the request in accordance with the procedures
and powers provided under this Act and any other relevant
law.
(4) Where the Central Authority obtains the necessary
authorisation in accordance with subsection (3), including
any warrants to execute the request, the Central Authority
may seek the support and cooperation of the requesting
State during such search and seizure.
(5) Upon conducting the search and seizure request,
the Central Authority shall, subject to section 59, provide
the results of the search and seizure as well as electronic or
physical evidence seized to the requesting State.
62. A police officer or authorised person may, subject
to any applicable provisions of this Act —
(a) access publicly available stored computer data,
regardless of where the data is located
geographically; or
Trans-border
access to stored
computer data
with consent or
where publicly
available.
(b) access or receive, through a computer system in
Kenya, stored computer data located in another
territory, if such police officer or authorised person
obtains the lawful and voluntary consent of the
person who has the lawful authority to disclose the
data through that computer system.
63. (1) Subject to section 57, a requesting State may
request the Central Authority to provide assistance in realtime collection of traffic data associated with specified
communications in Kenya transmitted by means of a
computer system.
(2) When making a request under subsection (1), the
requesting State shall specify —
(a) the authority seeking the use of powers under this
section;
(b) the offence that is the subject of a criminal
investigation or proceedings and a brief summary
of the related facts;
(c) the name of the authority with access to the
relevant traffic data;
Mutual assistance
in the real-time
collection of
traffic data.