The Computer and Cybercrimes Bill, 2016
information obtained within the framework of its own investigations
when it considers that the disclosure of such information might assist
the foreign State in initiating or carrying out investigations or
proceedings concerning criminal offences or might lead to a request for
co-operation by the foreign State under this Act.
(2) Prior to providing the information under subsection (1), the
Central Authority may request that such information be kept
confidential or only subject to other specified conditions.
(3) Where a foreign State cannot comply with the specified
conditions specified under subsection (2), the State shall notify the
Central Authority as soon as practicable.
(4) Upon receipt of a notice under subsection (3), the Central
Authority may determine whether to provide such information or not.
(5) Where the foreign State accepts the information subject to the
conditions specified by the Central Authority, that State shall be bound
by them.
Expedited
preservation of
stored computer
data.
33.
(1) Subject to section 31, a requesting State which has the
intention to make a request for mutual legal assistance for the search or
similar access, seizure or similar securing or the disclosure of data, may
request the Central Authority to obtain the expeditious preservation of
data stored by means of a computer system, located within the territory
of Kenya.
(2) When making a request under subsection (1), the requesting
State shall specify—
(a) the authority seeking the preservation;
(b) the offence that is the subject of a criminal investigation
or proceedings and a brief summary of the related facts;
(c) the stored computer data to be preserved and its
connection to the offence;
(d) any available information identifying the custodian of the
stored computer data or the location of the computer
system;
(e) the necessity of the preservation; and
(f)
the intention to submit a request for mutual assistance
for the search or similar access, seizure or similar
31