Cybercrime Code
Division 2. - Preservation of Evidence.
35.
PRODUCTION ORDERS.
Where specified data or a printout is reasonably required for the purposes of an investigation or
proceedings, the Court may, on application by a member of the Police Force or the Public Prosecutor, as the
case may be, order (a)
aperson in control of an electronic system or device, or thing to produce specified data or a
printout of such data; or
(b)
an ICT Service Provider to produce information about persons who subscribe to or use its
services.
36.
EXPEDITED PRESERVATION.
(1)
Where a member of the Police Force, has reasonable grounds to suspect that (a)
data stored in an electronic system or device, or thing is required for the purpose of an
investigation or proceeding; and
(b)
there is a risk that the data, electronic system or device, or thing may be destroyed or
rendered inaccessible,
he may, by written notice, require a person in control of the data, electronic system or device, or thing to
ensure that the data specified in the notice be preserved for a period of up to 14 days.
(2)
Subject to Subsection (3), the Magistrate may, upon application by the member of the Police
Force, authorise an extension for a further 14 days from the expiry of the initial 14 days.
(3)
An application under Subsection (2) shall be made at anytime within the initial 14 days.
(4)
A person who fails to comply with a request under Subsection (1) is guilty of an offence.
Penalty:
(a)
(b)
In the case or a natural person, a fine not exceeding K 10,000.00 or
imprisonment for a term not exceeding 12 months, or both;
and
In the case ofa body corporate, a fine not exceeding K100,000.00.
37.
PARTIAL DISCLOSURE.
38.
RESTRAINING ORDERS.
Where the Court is satisfied, on application by a member of the Police Force or the Public Prosecutor,
as the case may be, that specified data stored in an electronic system or device, or thing is required for the
purpose of an investigation or proceeding, the Court may order such person to disclose sufficient traffic data
about a specified communication to identify (a)
the ICT Service Providers involved; and
(6)
the path through which the communication was transmitted.
Where the Court, on application by a member of the Police Force or the Public Prosecutor, as the case
may be, is satisfied that there are sufficient grounds to believe that an electronic system or device, data or
thing reasonably required for the purposes of an investigation or proceeding, is likely to be removed,
destroyed, deleted or otherwise tampered with or dealt with, it may make an order restraining or preventing
such removal, destruction, deletion or tampering or dealing with such electronic system or device, data or
thing.
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