71 2018 Computer Misuse and Cybercrimes No. 5 (2) The Court shall issue an order directing — (a)a specified person to submit specified computer data that is in that person's possession or control, and is stored in a computer system or a computer data storage medium; or (b) a specified service provider offering its services in Kenya to submit subscriber information relating to such services in that service provider's possession or control. 51. (1) Where a police officer or an authorised person has reasonable grounds to believe that — (a) any specified traffic data stored in any computer system or computer data storage medium or by means of a computer system is reasonably required for the purposes of a criminal investigation; and (b) there is a risk or vulnerability that the traffic data may be modified, lost, destroyed or rendered inaccessible, the police officer or an authorised person shall serve a notice on the person who is in possession or control of the computer system, requiring the person to — (i) undertake expeditious preservation of such available traffic data regardless of whether one or more service providers were involved in the transmission of that communication; or (ii) disclose sufficient traffic data concerning any communication in order to identify the service providers and the path through which communication was transmitted. (2) The data specified in the notice shall be preserved and its integrity shall be maintained for a period not exceeding thirty days. (3) The period of preservation and maintenance of integrity may be extended for a period exceeding thirty days if, on an application by the police officer or authorised person, the court is satisfied that — (a) an extension of preservation is reasonably required for the purposes of an investigation or prosecution; (b) there is a risk or vulnerability that the traffic data may be modified, lost, destroyed or rendered inaccessible; and Expedited preservation and partial disclosure of traffic data.

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