Computer Misuse and Cybercrime Act No 5 of 2018

Mutual assistance regarding the interception of content data

(1) Subject to section 57, a requesting State may request the Central Authority to provide assistance in the real-time collection or recording of content data of specified communications in the territory of Kenya transmitted by means of a computer system.
(2) When making a request under subsection (1), a requesting State shall specify —
(a) the authority seeking the use of powers under this section;
(b) the offence that is the subject of a criminal investigation or proceedings and a brief summary of the related facts;
(c) the name of the authority with access to the relevant communication;
(d) the location at which or nature of the communication;
(e) the intended purpose for the required communication;
(f) sufficient information to identify the communications;
(g) details of the data of the relevant interception;
(h) the recipient of the communication;
(i) the intended duration for the use of the communication;
(j) the necessity for use of powers under this section; and
(k) the terms for the use and disclosure of the communication to third parties.
(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, including any warrants to execute upon the request, the Central Authority may seek the support and cooperation of the requesting State during the search and seizure.
(5) Upon conducting the measures under this section the Central Authority shall subject to section 57, provide the results of such measures as well as real time collection or recording of content data of specified communications to the requesting State.
Check the current authoritative text and amendment history before relying on a provision.

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