Section 48 of Computer Misuse and Cybercrime Act No 5 of 2018: Search and seizure of stored computer data
(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.
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- Section 53 - Interception of content data
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- Section 54 - Obstruction and misuse of power
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- Section 56 - Confidentiality and limitation of liability
(1) A service provider shall not be subject to any civil or criminal liability, unless it is established that the service provider had actual notice, actual knowledge, or willful and malicious intent,...
- Section 57 - General principles relating to international cooperation
(1) This Part shall apply in addition to the Mutual Legal Assistance Act, 2011 (No. 36 of 2011) and the Extradition (Contiguous and Foreign Countries) Act (Cap. 76).
(2) The Central Authority may...
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- Section 59 - Expedited preservation of stored computer data
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- Section 60 - Expedited disclosure of preserved traffic data
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- Section 64 - Mutual assistance regarding the interception of content data
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(2) For the purposes of subsection (1), an act...
- Section 67 - Forfeiture
The court before which a person is convicted of any offence may, in addition to any other penalty imposed, order the forfeiture of any apparatus, device or thing to the Authority which is the subject...
- Section 68 - Prevailing Clause
Whenever there is a conflict between this Act and any other law regarding cybercrimes, the provisions of this Act shall supersede any such other law.
- Section 69 - Consequential Amendments
The laws specified in the first column of the Schedule are amended, in the provisions specified in the second column thereof, in the manner respectively specified in the third column.
- Section 70 - Regulations
(1) The Cabinet Secretary may make regulations generally for the better carrying into effect of any provisions under this Act.
(2) Without prejudice to the foregoing, regulations made under this...