'Manifestly unlawful order' in document 'Kenya - International Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I—PRELIMINARY

International Crimes

7. (1) For the purposes of proceedings for an offence under section 6, the following provisions of the Rome Statute shall apply, with any necessary modifications—

(k) article 33 (which relates to superior orders and prescription of law).

RELEVANT ROME STATUTE PROVISIONS

Article 33
Superior orders and prescription of law
1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:
(c) The order was not manifestly unlawful.