Section 59 of Computer Misuse and Cybercrime Act No 5 of 2018: 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 data, may request the Central Authority to obtain the expeditious preservation of data stored by means of a computer system, located within the territory of Kenya.
(2) When making a request under subsection (1), the requesting State shall specify —
(a) the authority seeking the preservation;
(b) the offence that is the subject of a criminal investigation or proceedings and a brief summary of the related facts;
(c) the stored computer data to be preserved and its connection to the offence;
(d) any available information identifying the custodian of the stored computer data or the location of the computer system;
(e) the necessity of the preservation; and
(f) the intention to submit a request for mutual assistance for the search or similar access, seizure or similar securing or the disclosure of the stored computer data.
(3) Upon receiving the request under this section, the Central Authority shall take the appropriate measures to preserve the specified data in accordance with the procedures and powers provided under this Act and any other relevant law.
(4) A preservation of stored computer data effected under this section, shall be for a period of not less one hundred and twenty days, in order to enable the requesting State to submit a request for the search or access, seizure or securing, or the disclosure of the data.
(5) Upon receipt for a request under this section, the data shall continue to be preserved pending the final decision being made with regard to that request.
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