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KENYA REVENUE AUTHORITY-DCI KRA UNIT & CHIEF INSPECTOR MOHAMMED JILLO V. GOOGLE KENYA LIMITED, CHIEF MAGISTRATE, MILIMANI LAW COURTS, INSPECTOR GENERAL OF POLICE, DIRECTOR OF CRIMINAL INVESTIGATIONS & ATTORNEY GENERAL

(2020) JELR 99919 (CA)

Court of Appeal  •  Civil Appeal (Application) 77 of 2019  •  8 May 2020  •  Kenya

Coram
Stephen Gatembu Kairu

Judgement

RULING

1. Before me is an application dated 16th August 2019 presented to Court on 26th August 2019 seeking extension of time to file and serve a notice of appeal against a judgment delivered by the High Court on 22nd October 2018 and for the record of appeal filed herein on 5th March 2019 to be deemed to have been properly filed.

2. The background is that following suspected unauthorized access into the computer system of Kenya Revenue Authority (KRA), the 1st applicant, Kenya Revenue Authority-DCI KRA Unit, presented an application before the Magistrates Court, Milimani, Nairobi in which it sought a warrant to investigate a particular Gmail account handle that was suspected to have been used to perform the task of an authorized officer. That application was made under Sections 118, 118A and 121(1) of the Criminal Procedure Code and Google INCL (c/o Google Kenya) was named as the respondent. On 9th January 2018, the Magistrate’s court allowed the application and authorized C. I. Mohamm…

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