ADVOKS GLOBAL · KENYA
Mutual Legal Assistance Act
27. Interception of telecommunications
Edition: 2023-09-15 · In force
27. Interception of telecommunications
(1)For the purpose of a criminal investigation, Kenya may, in accordance with the provisions of this Act and any other relevant law, execute a request from a requesting state for—(a)the interception and immediate transmission of telecommunications; or(b)the interception, recording and subsequent transmission of telecommunications.(2)Without prejudice to the generality of subsection (1), a request may be made in relation to the use of means of telecommunications by the subject of the interception, if this subject is present in—(a)Kenya and a requesting state needs the technical assistance of Kenya to intercept such communications; or(b)Kenya and a requesting state communications are capable of being intercepted; or(c)a third state, which has been informed accordingly and a requesting state need the technical assistance of Kenya to intercept such communications.(3)A request under this section shall include—(a)an indication of the authority making the request;(b)confirmation that a lawful interception order or warrant has been issued in connection with a criminal investigation, if such an order or warrant is required by law;(c)information for the purpose of identifying the subject of the requested interception;(d)details of the criminal conduct under investigation;(e)the desired duration of the interception; and(f)if possible, the provision of sufficient technical data, in particular the relevant network connection number, communications address or service identifier to ensure that the request can be met.(4)Where a request has been made under subsection (1)(a) and the immediate transmission of the contents of an intercepted communication is not possible, Kenya shall undertake to comply with the request as though it were made under subsection (1)(b).(5)The information provided under this section shall be confidential and shall be kept in accordance with the provisions of this Act or any other relevant written law.