Hey Listers,
I have waited for this chance since the Bill was first shared. As a human rights advocate, my eyes were after clauses that are likely to be abused to limit rights and fundamental freedoms. I was able to come across some provisions which are likely to limit Art 31.
Section 22, the power to search without a warrant and to confiscate a computer will be abused. In the past they have done that and this provision will just empower the powers at be to do it more on those who have dissenting opinions.
Section 24(6) this provision requires a police officer to just apply to the I.G for an order to compel a service provider or a data custodian to share your data. This provision is likely to be abused.
Section 25, I wonder at what point will the officers seek leave of the court for the preservation and disclosure to take place?
Section 26 & 27 are on the need of a court order to allow ones communications to be intercepted. Still, doesn't sit well with me. For how long will ones rights to privacy be limited? I feel like this provision is likely to be abused.
One can appeal according to Section 29, but how will one know that their communications are being intercepted?
These provisions give too much power to security agencies.

On Jul 26, 2016 8:05 AM, "Kelvin Kariuki via kictanet" <kictanet@lists.kictanet.or.ke> wrote:
Dear Listers,

Thank you for your contribution on yesterdays discussions on the offences, feel free to still comment on it under that mail stream posted by Barrack yesterday.

Today we discuss the Investigation Procedures of this bill. It outlines the powers and procedures to be followed by the authorities in carrying out computer and cyber related offences investigations.

This section touches on pertinent issues as outlined below:

20 — Scope of procedural provisions
21 — Search and seizure of stored computer data
22 — Power to search without a warrant in special circumstances
23 — Record of and access to seized data
24 — Production order
25 — Expedited preservation and partial disclosure of traffic data
26 — Real-time collection of traffic data
27 — Interception of content data
28 — Obstruction and misuse
29 — Appeal
30 — Confidentiality and limitation of liability

You can access the bill here: http://www.mygov.go.ke/?p=11234 or download the attached document.

The Concerns

1.        To what extent are the service providers supposed to disclose their client data to the authorities?

2.       Does any of the search or seizure powers given to authorities in this section violate any privacy rights enshrined in our constitution?

3.   Has this part extensively covered all the investigation procedures required for all the offences stated in part II?

4.   Does it match the international standards? If it does not, kindly point out areas that need to be incorporated into the bill.

N/B: Feel free to raise any concern or question not suggested here.


We are looking forward to your feedback on the above concerns and much more.

Thank you. 

Barrack and Karis.

--
Best Regards,

Kelvin Kariuki
Twitter Handle: @teacherkaris
Mobile: +2547 29 385 557

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