The Computer and Cybercrimes Bill, 2016
grounds to believe that—
(a) specified data stored in a computer system or a computer
data storage medium is in the possession or control of a
person in its territory; and
(b) specified subscriber information relating to services
offered by a service provider in Kenya are in that service
provider’s possession or control and is necessary or
desirable for the purposes of the investigation,
the police officer or the authorised person may apply to court for an order
requiring—
(i) such person in its territory to submit specified
computer data that is in that person’s possession or
control, and is stored in a computer system or a
computer data storage medium; or
(ii) such a service provider offering its services in
Kenya to submit subscriber information relating to
such services in that service provider’s possession or
control.
(2) When making an application under subsection (1), the police
officer or an authorised person shall—
(a) explain the reasons they believe that the specified
computer data sought is likely to be in the possession
of the persons mentioned in subsection (1) (a) and (b);
(b) state whether the purpose of the investigation may be
frustrated or seriously prejudiced, if the specified
computer data or the subscriber information, as the
case may be, is not produced;
(c) identify and explain to detail the type of evidence
that is likely suspected to be produced by the persons
mentioned in subsections (1) (a) and (b);
(d) identify and explain, in detail, the subscribers, users
or unique identifiers which are the subject of an
investigation or prosecution which he believes that it
may be disclosed as a result of the production of the
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