'National penalties - offences against the administration of justice' in document 'Kenya - International Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I—PRELIMINARY

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.

PART I—PRELIMINARY

Offences Against Administration of Justice

9. (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.

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

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.

PART I—PRELIMINARY

Offences Against Administration of Justice

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.


PART I—PRELIMINARY

Offences Against Administration of Justice

15. A person who, in respect of any existing or
proposed proceedings of the ICC—

(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

PART I—PRELIMINARY

Offences Against Administration of Justice

16. Every person who, wrongfully and without lawful
authority—

(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.

PART I—PRELIMINARY

Offences Against Administration of Justice

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.