The Computer and Cybercrimes Bill, 2016 (5) Upon conducting the search and seizure request, the Central Authority shall, subject to section 31, provide the results of the search and seizure as well as electronic or physical evidence seized to the requesting State. Trans-border access to stored computer data with consent or where publicly available. 36. A police officer or another authorised person may, without the authorisation but subject to any applicable provisions of this Act— (a) access publicly available (open source) stored computer data, regardless of where the data is located geographically; or (b) access or receive, through a computer system in its territory, stored computer data located in another territory, if such police officer or another authorised person obtains the lawful and voluntary consent of the person who has the lawful authority to disclose the data through that computer system. Mutual assistance in the real-time collection of traffic data. 37. (1) Subject to Section 31, a requesting State may request the Central Authority to provide assistance in real-time collection of traffic data associated with specified communications in Kenya transmitted by means of a computer system. (2) When making a request under subsection (1), the requesting State shall specify— (a) the authority seeking the use of powers under this section; (b) the offence that is the subject of a criminal investigation or proceedings and a brief summary of the related facts; (c) the name of the authority with access to the relevant traffic data; (d) the location at which the traffic data may be held; (e) the intended purpose for the required traffic data; (f) sufficient information to identify the traffic data; (g) any further details relevant traffic data; (h) the necessity for use of powers under this section; and (i) the terms for the use and disclosure of the traffic data to third parties. (3) Upon receiving the request under this section, the Central Authority shall take all appropriate measures to obtain necessary authorisation including any warrants to execute upon the request in accordance with the procedures and powers provided under this Act and any other relevant law. (4) Where the Central Authority obtains the necessary authorisation including any warrants to execute upon the request, the Central Authority may seek the support and cooperation of the requesting State during the search and seizure. (5) Upon conducting the measures under this section the Central Authority 34

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