Section 56 of Computer Misuse and Cybercrime Act No 5 of 2018: 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, and not merely through omission or failure to act, had thereby facilitated, aided or abetted the use by any person of any computer system controlled or managed by a service provider in connection with a contravention of this Act or any other written law.
(2) A service provider shall not be liable under this Act or any other law formaintaining and making available the provision of their service.
(3) A service provider shall not be liable under this Act or any other law for the disclosure of any data or other information that the service provider discloses only to the extent required under this Act or in compliance with the exercise of powers under this Part.
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- 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...
- Section 58 - Spontaneous information
(1) The Central Authority may, subject to this Act and other relevant law, without prior request, forward to a foreign State information obtained within the framework of its own investigations when it...
- Section 59 - Expedited preservation of stored computer data
(1) Subject to section 57, a requesting State which has the intention to make a request for mutual legal assistance for the search or similar access, seizure or similar securing or the disclosure of...
- Section 60 - Expedited disclosure of preserved traffic data
Where during the course of executing a request under section 57 with respect to a specified communication, the investigating agency discovers that a service provider in another State was involved in...
- Section 61 - 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...
- Section 62 - Trans-border access to stored computer data with consent or where publicly available
A police officer or authorised person may, subject to any applicable provisions of this Act —
(a) access publicly available stored computer data, regardless of where the data is located...
- Section 63 - Mutual assistance in the real-time collection of traffic data
(1) Subject to section 57, a requesting State may request the Central Authority to provide assistance in real-time collection of traffic data associated with specified communications in Kenya...
- Section 64 - 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...
- Section 65 - Point of contact
(1) The Central Authority shall ensure that the investigation agency responsible for investigating cybercrime, shall designate a point of contact available on a twenty-four hour, seven-day-a-week...
- Section 66 - Territorial jurisdiction
(1) Any court of competent jurisdiction shall try any offence under this Act where the act or omission constituting the offence is committed in Kenya.
(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...