'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' in document 'Kenya - International Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I—PRELIMINARY

Offences Against Administration of Justice

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.

PART I—PRELIMINARY

Offences Against Administration of Justice

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.

PART I—PRELIMINARY

Offences Against Administration of Justice

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.

RELEVANT ROME STATUTE PROVISIONS

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:
(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