The Computer and Cybercrimes Bill, 2016 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 requiring— (i) such person in its territory 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 (ii) such a service provider offering its services in Kenya to submit subscriber information relating to such services in that service provider’s possession or control. (2) When making an application under subsection (1), the police officer or an authorised person shall— (a) explain the reasons they believe that the specified computer data sought is likely to be in the possession of the persons mentioned in subsection (1) (a) and (b); (b) state whether the purpose of the investigation may be frustrated or seriously prejudiced, if the specified computer data or the subscriber information, as the case may be, is not produced; (c) identify and explain to detail the type of evidence that is likely suspected to be produced by the persons mentioned in subsections (1) (a) and (b); (d) identify and explain, in detail, the subscribers, users or unique identifiers which are the subject of an investigation or prosecution which he believes that it may be disclosed as a result of the production of the 21

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