79
2018
Computer Misuse and Cybercrimes
No. 5
to a foreign State 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.
59. (1) Subject to section 57, 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;
Expedited
preservation of
stored computer
data.