Section 57 of Computer Misuse and Cybercrime Act No 5 of 2018: 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 make a request for mutual legal assistance in any criminal matter to a requested State for purposes of—
(a) undertaking investigations or proceedings concerning offences related to computer systems, electronic communications or data;
(b) collecting evidence of an offence in electronic form; or
(c) obtaining expeditious preservation and disclosure of traffic data, real-time collection of traffic data associated with specified communications or interception of content data or any other means, power, function or provisions under this Act.
(3) A requesting State may make a request for mutual legal assistance to the Central Authority in any criminal matter, for the purposes provided in subsection (2).
(4) Where a request has been received under subsection (3), the Central Authority may, subject to the provisions of the Mutual Legal Assistance Act, 2011 (No. 36 of 2011), the Extradition (Contiguous and Foreign Countries) Act (Cap. 76), this Act and any other relevant law —
(a) grant the legal assistance requested; or
(b) refuse to grant the legal assistance requested.
(5) The Central Authority may require a requested State to—
(a) keep the contents, any information and material provided in a confidential manner;
(b) only use the contents, information and material provided for the purpose of the criminal matter specified in the request; and (c) use it subject to other specified conditions.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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...