(1) Where a police officer or an authorised person has reasonable grounds to believe that there may be in a specified computer system or part of it, computer data storage medium, program, data, that—
(a) is reasonably required for the purpose of a criminal investigation or criminal proceedings which may be material as evidence; or
(b) has been acquired by a person as a result of the commission of an offence, the police officer or the authorised person may apply to the court for issue of a warrant to enter any premises to access, search and similarly seize such data.
(c) the collection of evidence in electronic form of a criminal offence under this Act or any other law
(2) A search warrant issued under subsection (1) shall —
(a) identify the police officer or authorised person;
(b) direct the police officer or authorised person under paragraph (a) to seize the data in question; or
(c) direct the police officer or authorised person to– (i) search any person identified in the warrant;
(ii) enter and search any premises identified in the warrant; or (iii) search any person found on or at such premises.
(3) A search warrant may be issued on any day and shall be of force until it is executed or is cancelled by the issuing court.
(4) A police officer or an authorised person shall present a copy of the warrant to a person against whom it is issued.
(5) A person who —
(a) obstructs the lawful exercise of the powers under this section;
(b) compromises the integrity or confidentiality of a computer system, data, or information accessed or retained under this section; or
(c) 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 not exceeding three years or to both.
(a) is reasonably required for the purpose of a criminal investigation or criminal proceedings which may be material as evidence; or
(b) has been acquired by a person as a result of the commission of an offence, the police officer or the authorised person may apply to the court for issue of a warrant to enter any premises to access, search and similarly seize such data.
(c) the collection of evidence in electronic form of a criminal offence under this Act or any other law
(2) A search warrant issued under subsection (1) shall —
(a) identify the police officer or authorised person;
(b) direct the police officer or authorised person under paragraph (a) to seize the data in question; or
(c) direct the police officer or authorised person to– (i) search any person identified in the warrant;
(ii) enter and search any premises identified in the warrant; or (iii) search any person found on or at such premises.
(3) A search warrant may be issued on any day and shall be of force until it is executed or is cancelled by the issuing court.
(4) A police officer or an authorised person shall present a copy of the warrant to a person against whom it is issued.
(5) A person who —
(a) obstructs the lawful exercise of the powers under this section;
(b) compromises the integrity or confidentiality of a computer system, data, or information accessed or retained under this section; or
(c) 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 not exceeding three years or to both.
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