ADVOKS GLOBAL · KENYA
Computer Misuse and Cybercrimes
48. Search and seizure of stored computer data
Edition: 2025-11-04 · In force
48. 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.(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.