The Computer and Cybercrimes Bill, 2016
through the use
of a computer
system.
through the use of a computer system, is liable on conviction, in
addition to the penalty provided under that law to a fine not exceeding
three million shillings or to imprisonment term for a term not exceeding
four years, or to both.
PART III— INVESTIGATION PROCEDURES
Scope
procedural
provisions.
of
20. (1) All powers and procedures under this Act are applicable to and
may be exercised with respect to any—
(a) criminal offences provided under this Act;
(b) other criminal offences committed by means of a computer system
established under any other law; and
(c) the collection of evidence in electronic form of a criminal offence
under this Act or any other law.
(2) In any proceedings related to any offence, under any law of Kenya,
the fact that evidence has been generated, transmitted or seized from, or
identified in a search of a computer system, shall not of itself prevent
that evidence from being presented, relied upon or admitted.
(3) The powers and procedures provided under this Part are without
prejudice to the powers granted under—
No.28 of 2012.
No. 30 of 2011.
No. 25 of 2012.
Search
and
seizure of stored
computer data.
(a)
(b)
(c)
(d)
the National Intelligence Service Act, 2012;
the National Police Service Act, 2011;
the Kenya Defence Forces Act, 2012; and
any other relevant law.
21.
(1) Where a police officer or an authorised person has
reasonable grounds to believe that there may be in a specified computer
system or part of it, computer data storage medium, program, data,
that—
(a) is reasonably required for the purpose of a criminal
investigation or criminal proceedings which may be
material as evidence; or
(b) has been acquired by a person as a result of the
commission of an offence,
the police officer or the authorised person may apply to the court for
issue of a warrant to enter any premises to access, search and similarly
seize such data.
(2) When making an application under subsection (1), the police
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