The Computer and Cybercrimes Bill, 2016
shall, subject to Section 31, provide the results of such measures as well as
real-time collection of traffic data associated with specified
communications to the requesting State.
Mutual
assistance
regarding
the
interception of
content data.
38.
(1) Subject to Section 31, a requesting State may request the
Central Authority to provide assistance in the real-time collection or
recording of content data of specified communications in the territory of
Kenya transmitted by means of a computer system.
(2) When making a request under subsection (1), a 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
communication;
(d) the location at which or nature of the communication;
(e) the intended purpose for the required communication;
(f) sufficient information to identify the communications;
(g) details of the data of the relevant interception;
(h) the recipient of the communication;
(i) the intended duration for the use of the communication;
(j) the necessity for use of powers under this section; and
(k) the terms for the use and disclosure of the communication 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
shall subject to section 31, provide the results of such measures as well as
real-time collection or recording of content data of specified
communications to the requesting State.
Point of Contact.
39.
(1) The Central Authority shall ensure that, investigation
agency responsible for investigating and prosecuting cybercrime, shall
designate a point of contact available on a twenty-four hour, seven-daya-week basis, in order to ensure the provision of immediate assistance
for the purpose of investigations or proceedings concerning criminal
35