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PART I—PRELIMINARY
International Crimes
7. (5) For the purposes of interpreting and applying articles 6 to 8 of the Rome Statute in proceedings for an offence under section 6—
(a) the Kenyan Court exercising jurisdiction in the
proceedings shall have regard to any elements of
crimes adopted or amended in accordance with
article 9 of the Rome Statute;
Article 9
Elements of Crimes
1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
2. Amendments to the Elements of Crimes may be proposed by:
(a) Any State Party;
(b) The judges acting by an absolute majority;
(c) The Prosecutor.
Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
3. The Elements of Crimes and amendments thereto shall be consistent with this Statute.