The Computer and Cybercrimes Bill, 2016
offences related to computer systems and data, or for the collection of
evidence in electronic form of a criminal offence, including carrying
out the following measures—
(a) the provision of technical advice;
(b) the preservation of data pursuant to sections 33 and 34;
(c) the collection of evidence, the provision of legal
information, and locating of suspects,
within expeditious timelines to be defined by regulations under
this Act.
(2) The point of contact shall be resourced with and possess the
requisite capacity to securely and efficiently carry out communications
with other points of contact in other territories, on an expedited basis.
(3) The point of contact shall have the authority and be empowered
to coordinate and enable access to international mutual assistance under
this Act.
PART V—GENERAL PROVISIONS
Territorial
jurisdiction.
40.
(1) Any court of competent jurisdiction shall try any offence
under this Act where the act or omission constituting the offence is
committed in Kenya.
(2) For the purposes of subsection (1), an act or omission
committed outside Kenya which would if committed in Kenya
constitute an offence under this Act is deemed to have been
committed in Kenya if—
(a) the person committing the act or omission is—
(i) a citizen of Kenya; or
(ii) ordinarily resident in Kenya; and
(b) the act or omission is committed—
(i) against a citizen of Kenya;
(ii) against property belonging to the Government
of Kenya outside Kenya; or
36