The Computer and Cybercrimes Bill, 2016
specified computer data;
(e) identify and explain, the identified offence, in respect
of which the production order is sought;
(f) specify the measures to be taken to prepare and ensure
that the specified computer data shall be produced—
(i) while maintaining the privacy of other users,
customers and third parties; and
(ii) without disclosing data of any party who is not
part of the investigation; and
(iii)
the measures to be taken to prepare and ensure
that the production of the specified computer data
is carried out through a technical means such as
mirroring or copying of relevant data and not
through physical custody of computer systems or
devices.
(3) Where the court is satisfied with the explanations provided under
subsection (2), the court shall issue the order applied for under subsection
(1).
(4) The court may also require that the recipient of the order as well as
any person in control of the computer system keep confidential the
existence of the warrant and exercise of power under this section.
(5) A person who fails to comply with an order 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
imprisonment for a period not exceeding three years, or to both.
(6) Despite the provisions of this section, upon an application in writing by
a police officer that demonstrates to the satisfaction of the designated
Office of the Inspector-General of Police that there exist reasonable
grounds to believe that specified subscriber information relating to services
offered by a service provider in Kenya are in that service provider’s
possession or control which is necessary or desirable for the purposes of
any investigation, the designated Office may order such a service provider
to submit subscriber information relating to such services in that service
provider’s possession or control.
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