PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Finding Persons or Things, and Obtaining Evidence

77. (1) This section shall apply if the ICC requests, under paragraph 8 of article 19, article 56, article 64 or paragraph 1 (b) of article 93 of the Rome Statute, that—
(a) evidence be taken in Kenya; or
(b) documents or other articles in Kenya be produced.

(2) The Attorney-General shall give authority for the request to proceed if the Attorney-General is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or to any proceed¬ings before the ICC; and
(b) there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in Kenya.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Finding Persons or Things, and Obtaining Evidence

78. (1) If the Attorney-General gives authority for a request relating to the taking of evidence to proceed, the statement of each witness shall be taken in writing on the oath or affirmation of that witness by a Judge of the High Court.

(2) The Judge who takes evidence under subsection (1) shall—
(a) certify that the evidence was taken by the Judge; and
(b) ensure that the evidence, as certified, is sent to the Attorney-General.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Finding Persons or Things, and Obtaining Evidence

82. (1) The following persons may appear and be legally represented at a hearing held under section 78 or 79—
(a) the person to whom the proceedings before the ICC or the investigation conducted by the Prosecutor relates;
(b) any other person giving evidence or producing documents or other articles at the hearing;
(c) a representative of the Prosecutor or ICC.

(2) This section shall have effect subject to any contrary provision of the Rome Statute or the ICC Rules.
(3) A certificate by a Judge under section 78 (2) or section 79 (2) shall state whether any of the persons specified in subsection (1) were present when the evidence was taken or the documents or other articles were produced.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court