70 No. 5 Computer Misuse and Cybercrimes 2018 (2) Subject to subsection (3), a police officer or an authorised person shall, on request, permit a person who — (a) had the custody or control of the computer system; (b) has a right to any data or information seized or secured; or (c) has been acting on behalf of a person under subsection (1)(a) or (b), to access and copy computer data on the system or give the person a copy of the computer data. (3) The police officer or authorised person may refuse to give access or provide copies under subsection (2), if they have reasonable grounds for believing that giving the access or providing the copies, may — (a) constitute a criminal offence; or (b) prejudice — (i) the investigation in connection with the search that was carried out; (ii) an ongoing investigation; or (iii) any criminal proceeding that is pending or that may be brought in relation to any of those investigations. (4) Despite subsection (3), a court may, on reasonable grounds being disclosed, allow a person who has qualified under subsection (2) (a) or (b) — (a) access and copy computer data on the system; or (b) obtain a copy of the computer data. 50. (1) Where a police officer or an authorised person has reasonable grounds to believe that — (a) specified data stored in a computer system or a computer data storage medium is in the possession or control of a person in its territory; and (b) specified subscriber information relating to services offered by a service provider in Kenya are in that service provider's possession or control and is necessary or desirable for the purposes of the investigation, the police officer or the authorised person may apply to court for an order . Production order.

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