Section 61 of Computer Misuse and Cybercrime Act No 5 of 2018: Mutual assistance regarding accessing of stored computer data

(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;
(c) give a description of the purpose of the request and of the nature of the assistance being sought;
(d) in the case of a request to restrain or confiscate assets believed on reasonable grounds to be located in the requested State, give details of the offence in question, particulars of the investigation or proceeding commenced in respect of the offence, and be accompanied by a copy of any relevant restraining or confiscation order;
(e) give details of any procedure that the requesting State wishes to be followed by the requested State in giving effect to the request, particularly in the case of a request to take evidence;
(f) include a statement setting out any wishes of the requesting State concerning any confidentiality relating to the request and the reasons for those wishes;
(g) give details of the period within which the requesting State wishes the request to be complied with;
(h) where applicable, give details of the property, computer, computer system or electronic device to be traced, restrained, seized or confiscated, and of the grounds for believing that the property is believed to be in the requested State;
(i) give details of the stored computer data, data or program to be seized and its relationship to the offence;
(j) give any available information identifying the custodian of the stored computer data or the location of the computer, computer system or electronic device;
(k) include an agreement on the question of the payment of the damages or costs of fulfilling the request; and
(l) give any other information that may assist in giving effect to the request.
(3) Upon receiving the request under this section, the Central Authority shall take all appropriate measures to obtain necessary authorisation including any warrants to execute upon the request in accordance with the procedures and powers provided under this Act and any other relevant law.
(4) Where the Central Authority obtains the necessary authorisation in accordance with subsection (3), including any warrants to execute the request, the Central Authority may seek the support and cooperation of the requesting State during such search and seizure.
(5) Upon conducting the search and seizure request, the Central Authority shall, subject to section 59, provide the results of the search and seizure as well as electronic or physical evidence seized to the requesting State.