The Computer and Cybercrimes Bill, 2016 information obtained within the framework of its own investigations when it considers that the disclosure of such information might assist the foreign State in initiating or carrying out investigations or proceedings concerning criminal offences or might lead to a request for co-operation by the foreign State under this Act. (2) Prior to providing the information under subsection (1), the Central Authority may request that such information be kept confidential or only subject to other specified conditions. (3) Where a foreign State cannot comply with the specified conditions specified under subsection (2), the State shall notify the Central Authority as soon as practicable. (4) Upon receipt of a notice under subsection (3), the Central Authority may determine whether to provide such information or not. (5) Where the foreign State accepts the information subject to the conditions specified by the Central Authority, that State shall be bound by them. Expedited preservation of stored computer data. 33. (1) Subject to section 31, a requesting State which has the intention to make a request for mutual legal assistance for the search or similar access, seizure or similar securing or the disclosure of data, may request the Central Authority to obtain the expeditious preservation of data stored by means of a computer system, located within the territory of Kenya. (2) When making a request under subsection (1), the requesting State shall specify— (a) the authority seeking the preservation; (b) the offence that is the subject of a criminal investigation or proceedings and a brief summary of the related facts; (c) the stored computer data to be preserved and its connection to the offence; (d) any available information identifying the custodian of the stored computer data or the location of the computer system; (e) the necessity of the preservation; and (f) the intention to submit a request for mutual assistance for the search or similar access, seizure or similar 31

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