'Rights during trial - disclosure of evidence to defence' in document 'Kenya - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

50. Fair hearing.

(2) Every accused person has the right to a fair trial, which includes the right—

(j) to be informed in advance of the evidence the prosecution intends to rely on, and to have reasonable access to that evidence ;

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.