The Computer and Cybercrimes Bill, 2016
(5) Upon conducting the search and seizure request, the Central
Authority shall, subject to section 31, provide the results of the search
and seizure as well as electronic or physical evidence seized to the
requesting State.
Trans-border
access to stored
computer
data
with consent or
where publicly
available.
36.
A police officer or another authorised person may, without the
authorisation but subject to any applicable provisions of this Act—
(a) access publicly available (open source) stored computer
data, regardless of where the data is located
geographically; or
(b) access or receive, through a computer system in its
territory, stored computer data located in another
territory, if such police officer or another authorised
person obtains the lawful and voluntary consent of the
person who has the lawful authority to disclose the data
through that computer system.
Mutual
assistance in the
real-time
collection
of
traffic data.
37.
(1) Subject to Section 31, a requesting State may request the Central
Authority to provide assistance in real-time 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;
(d) the location at which the traffic data may be held;
(e) the intended purpose for the required traffic data;
(f) sufficient information to identify the traffic data;
(g) any further details relevant traffic data;
(h) the necessity for use of powers under this section; and
(i) the terms for the use and disclosure of the traffic data to third parties.
(3) Upon receiving the request under this section, the Central Authority shall
take all appropriate measures to 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
including any warrants to execute upon the request, the Central Authority
may seek the support and cooperation of the requesting State during the
search and seizure.
(5) Upon conducting the measures under this section the Central Authority
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