85
2018
Computer Misuse and Cybercrimes
No. 5
(a) the provision of technical advice;
(b) the preservation of data pursuant to sections 59
and 60;
(c) the collection of evidence, the provision of legal
information, and locating of suspects, within
expeditious timelines to be defined by regulations
under this Act.
(2) The point of contact shall be resourced with and
possess the requisite capacity to securely and efficiently
carry out communications with other points of contact in
other territories, on an expedited basis.
(3) The point of contact shall have the authority and be
empowered to coordinate and enable access to international
mutual assistance under this Act.
PART VI—GENERAL PROVISIONS
66. (1) Any court of competent jurisdiction shall try
any offence under this Act where the act or omission
constituting the offence is committed in Kenya.
Territorial
jurisdiction.
(2) For the purposes of subsection (1), an act or
omission committed outside Kenya which would if
committed in Kenya constitute an offence under this Act is
deemed to have been committed in Kenya if —
(a) the person committing the act or omission is —
(i) a citizen of Kenya; or
(ii) ordinarily resident in Kenya; and
(b) the act or omission is committed —
(i) against a citizen of Kenya;
(ii) against property belonging to the Government
of Kenya outside Kenya; or
(iii) to compel the Government of Kenya to do or
refrain from doing any act; or
(c) the person who commits the act or omission is,
after its commission or omission, present in
Kenya.
67. The court before which a person is convicted of
any offence may, in addition to any other penalty imposed,
order the forfeiture of any apparatus, device or thing to the
Forfeiture.