The Computer and Cybercrimes Bill, 2016
securing or the disclosure of the stored computer data.
(3) Upon receiving the request under this section, the Central
Authority shall take the appropriate measures to preserve the specified
data in accordance with the procedures and powers provided under this
Act and any other relevant law.
(4) A preservation of stored computer data effected under this
section, shall be for a period of not less one hundred and twenty days, in
order to enable the requesting State to submit a request for the search or
access, seizure or securing, or the disclosure of the data.
(5) Upon receipt for a request under this section, the data shall
continue to be preserved pending the final decision being made with
regard to that request.
Expedited
disclosure
of
preserved traffic
data.
34. Where during the course of executing a request under section
33 with respect to a specified communication, the investigating agency
discovers that a service provider in another State was involved in the
transmission of the communication, the Central Authority shall
expeditiously disclose to the requesting State a sufficient amount of
traffic data to identify that service provider and the path through which
the communication was transmitted.
Mutual
assistance
regarding
accessing
of
stored computer
data.
35. (1) Subject to section 31, a requesting State may request the
Central Authority to search or similarly access, seize or similarly
secure, and disclose data stored by means of a computer system located
within the territory of Kenya, including data that has been preserved in
accordance with section 33.
(2) When making a request under subsection (1), the requesting
State shall—
(a) give the name of the authority conducting the
investigation or proceedings to which the request relates;
(b) give a description of the nature of the criminal matter and
a statement setting-out a summary of the relevant facts
and laws;
(c) give a description of the purpose of the request and of the
nature of the assistance being sought;
(d) in the case of a request to restrain or confiscate assets
believed on reasonable grounds to be located in the
requested State, give details of the offence in question,
32