ADVOKS GLOBAL · KENYA
Mutual Legal Assistance Act
31. Preservation of communications data
Edition: 2023-09-15 · In force
31. Preservation of communications data
(1)A requesting state may request Kenya for the preservation of communications data.(2)A request made under subsection (1) may be directly transmitted to Kenya and shall be executed in accordance with Kenyan law.(3)A request for the preservation of communications data made under this section shall—(a)specify the identity of the authority making the request;(b)contain a brief description of the conduct under investigation;(c)contain a description of the communications data to be preserved and its relationship to the investigation or prosecution, and in particular identifying whether the communications data to be preserved includes—(i)subscriber information;(iii)any other information falling within the definition of communications data;(d)contain a statement that a requesting state intends to submit a request for legal assistance to obtain the communications data within the period permitted under this section.(4)The preservation of communications data pursuant to a request made under this section shall be for a period of one hundred and twenty days, pending submission by a requesting state of a request for legal assistance to obtain the preserved communications data however, following the receipt of such a request, the data shall continue to be preserved pending the determination of that request and, if the request is granted, until the data is obtained pursuant to the request for legal assistance.(5)If the Competent Authority considers that the preservation of communications data pursuant to a request made under this section will not ensure the future availability of the communications data, or will threaten the confidentiality of, or otherwise prejudice the investigation in a requesting state, it shall promptly inform a requesting state, which shall then determine whether the request should nevertheless be executed.(6)Notwithstanding the grounds for refusal under this Act, a request for the preservation of communications data under this section may be refused only to the extent that it appears to the Central Authority that compliance would be contrary to the laws or Constitution of Kenya, or would prejudice the security, international relations, or other essential public interests of Kenya.