No. 5
80
Computer Misuse and Cybercrimes
(e) the necessity of the preservation; and
(f) the intention to submit a request for mutual
assistance for the search or similar access, seizure
or similar 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.
60. Where during the course of executing a request
under section 57 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.
61. (1) Subject to section 57, 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 60.
(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;
2018
Expedited
disclosure of
preserved traffic
data.
Mutual assistance
regarding
accessing of
stored computer
data.