PART II—INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Offences Against Administration of Justice

9. (1) A person who, being a judge
or an official of the ICC,
corruptly accepts, obtains,
agrees to accept or attempts to
obtain for himself or any other
person any money, valuable
consideration, office, place or
employment—
(a) in respect of anything done or omitted, or to be done or omitted, by him in his official capacity; or
(b) with intent to interfere in any other way with the administration of justice of the ICC,
is guilty of an offence and liable on conviction to imprisonment for a term of not more than fourteen years.

(2) A person who corruptly gives or offers to a judge or an official of the ICC any money, valuable consideration, office, place or employment—
(a) in respect of anything done or omitted, or to be done or omitted, by him in his official capacity, or
(b) with intent to interfere in any other way with the administration of justice of the ICC,
is guilty of an offence and liable on conviction to imprisonment for a term of not more than fourteen years.


10. (1) A person who wilfully attempts
in any manner
to obstruct, pervert or defeat the
course of justice of the ICC is guilty
of an offence and liable on
conviction to imprisonment for a
term of not more than five years.

(2) Without limiting the generality of subsection (1), a person shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice if, in any existing or proposed proceedings of the ICC, he—
(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence; or
(b) accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence.
11. A person who resists or wilfully obstructs an official of the ICC in the execution of his duty, or any person lawfully acting in aid of such an official, is guilty of an offence and liable on conviction to imprisonment for a term of not more than two years.

12. (1) A person who, with intent to
mislead, makes a false statement under
oath or solemn affirmation before a judge of
the ICC or an official of that Court who is
authorized by the Court to permit statements
to be made before him, knowing that the
statement is false, is guilty of the offence of
perjury and liable on conviction to
imprisonment for a term of not more than
seven years.
(2) Subsection (1) shall apply—

(a) whether or not the statement is made in judicial proceedings of the ICC; and
(b) whether the statement is made by affidavit, solemn declaration or deposition or orally.
(3) Subsection (1) shall not apply to a statement that is made by a person who is not specially permitted, authorized or required by law to make that statement.

13. (1) A person who—
(a) being a witness in any proceedings of the ICC, gives evidence with respect to any matter of fact or knowledge;
(b) later, in any proceedings of the Court, gives evidence that is contrary to his previous evidence; and
(c) in giving his evidence in either proceedings, does so with intent to mislead, is guilty of an offence and liable on conviction to imprisonment for a term of not more than two years, whether or not the prior or later evidence is true.

(2) In this section, "evidence" does not include evidence that is not material.
(3) If a person is charged with an
offence under this
section, a certificate that specifies with reasonable particularity the proceedings in which the person is alleged to have given the evidence in respect of which the offence is charged shall be evidence that it was given in proceedings of the ICC.

(4) A certificate referred to in subsection (3) shall be admissible without proof of the signature or official character of the person by whom the certificate purports to be signed, if it purports to be signed by the Registrar of the ICC or another official having the custody of the record of the proceedings concerned or by his lawful deputy.

.

14. Every person who, with intent to mislead, fabricates anything with intent that it be used as evidence in any existing or proposed proceedings of the ICC, by any means other than perjury or incitement to perjury, is guilty of an offence and liable on conviction to imprisonment for a term of not more than seven years.



15. A person who, in respect of any existing or
proposed proceedings of the ICC—
(a) signs a document that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the document was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration;
(b) uses or offers for use any document writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized to administer the oath or declaration; or
(c) signs as affiant or declarant a document that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the document was not so sworn or declared, is guilty of an offence and liable on conviction to imprisonment for a term of not more than two years. 10
16. Every person who, wrongfully and without lawful
authority—
(a) for the purpose of compelling another person to abstain from doing anything that the person has a lawful right to do; or
(b) to do anything that the person has a lawful right to abstain from doing, in relation to any proceedings of the ICC, causes the person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to the person is guilty of an offence and liable on conviction to imprisonment for a term of not more than five years.


17. (1) A person who, by act or omission, does any thing against a person or a member of the person's family in
retaliation for the person's having given testimony before the
ICC is guilty of an offence and liable on conviction to
imprisonment for a term of not more than five years.

(2) A person who conspires or attempts to commit, or is an accessory after the fact in relation to, or counsels in relation to, an offence under subsection (1) is guilty of an offence and liable on conviction to imprisonment for a term of not more than five years.

18. A person who is alleged to have committed an
offence under any of sections 9 to 17 may be tried and
punished in Kenya for that offence if—
(a) the act or omission constituting the offence is alleged to have been committed in Kenya or on board an aircraft or vessel which is registered in Kenya; or
(b) at the time the offence is alleged to have been committed, the person was a Kenyan citizen or was employed by Kenya in a civilian or military capacity; or
(c) the person is, after commission of the offence, present in Kenya
(2) A trial authorised by this section to be conducted in Kenya may be conducted in any court of competent jurisdiction.

19. (1) If the ICC makes a request for assistance in
any investigation or proceedings involving an offence

against the administration of justice, that request
shall be dealt with—
(a) in the case of a request for surrender— in the manner provided in Parts III and IV, which Parts shall apply with any necessary modifications and subject to any contrary provision in the Rome Statute or the ICC Rules;
(b) in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order— in the manner provided in Parts III and VI, which Parts shall apply with any necessary modifications and subject to any cont¬rary provision in the Rome Statute or the ICC Rules;
(c) in the case of a request for transit— in the manner provided in sections 131 to 133 and 145 to 151, which sections shall apply with any necessary modifications and subject to any contrary prov¬ision in the Rome Statute or the ICC Rules; and
(d) in the case of a request for any other type of assistance— in the manner provided in Parts III and V, which Parts (and, if applicable, Part VIII) shall apply with any necessary modifications and subject to any contrary provision in the Rome Statute or the ICC Rules.

(2) In addition to the grounds of refusal or postponement specified in Parts IV and V, a request for surrender or other assistance that relates to an offence involving the administration of justice may be refused if, in the opinion of the Minister or the Attorney-General, as the case may be, there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested.

(3) Where, pursuant to subsection (2), the Minister or the
Attorney-General is of the opinion that there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested, the Minister or the Attorney General, as the case may be, shall give the reasons underlying his opinion.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

51.

(3) The only grounds on which surrender to the ICC may be refused are those specified in this section and, if applicable, section 19 (2), and no restrictions on surrender specified in the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act shall apply in relation to a request for surrender from the ICC.

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.