The Computer and Cybercrimes Bill, 2016
under this section or misuses the powers granted under this section
commits an offence and is liable on conviction to a fine not
exceeding five million shillings or to a term of imprisonment for
term not exceeding three years, or to both.
(9) For purposes of this section—
“decryption information” means information or technology that enables a
person to readily unscramble encrypted data into an intelligible format;
“encrypted data” means data which has been transformed from its plain
text version to an unintelligible format, regardless of the technique utilised
for such transformation and irrespective of the medium in which such data
occurs or can be found for the purposes of protecting the content of such
data; and
“plain text version” means original data before it has been transformed
into an unintelligible format.
Power to search
without a warrant
in
special
circumstances.
22.
(1) Subject to section 21, a police officer may, in special
circumstances enter, without a warrant any premises in or on which the
police officer suspects an offence under this Act has been or is likely to
be committed, and take possession of such computer system.
Cap 75.
(2) Sections 119, 120 and 121 of the Criminal Procedure Code
relating to execution of search warrant, and the provisions of that code
as to searches apply to a search without warrant under this section.
(3) For purposes of conducting a search under this section, the police
officer shall carry with them, and produce to the occupier of the
premises on request by that occupier, the police officer’s certificate of
appointment.
(4) Where anything is seized under subsection (1), the police officer
shall immediately make a record describing anything that has been
seized, and without undue delay take or cause it to be taken before a
court within whose jurisdiction the thing was found, to be dealt with
according to the law.
Record of and
access to seized
data.
23.
(1) Where a computer system or data has been removed or
rendered inaccessible, following a search or a seizure under section 21,
the person who made the search shall, at the time of the search or as soon
as practicable after the search—
(a) make a list of what has been seized or rendered inaccessible, and
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