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

Evidence

104. (1) Where the ICC makes a request underparagraph 1 (i) of article 93 of the Rome Statute for theprovision of records and documents, including official records and documents, the Attorney-General shall give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and
(b) the document or record sought is or may be in
Kenya.

(2) If the Attorney-General gives authority for the request to proceed—
(a) he shall forward the request to the appropriate Kenyan agency; and
(b) that agency shall, without delay—

(i) use its best endeavours to locate and make available the document or record sought;
(ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and
(iii) deliver the document or record, if located, to the Attorney-General.

(3) This section does not confer on any person power to require the production of a document or record.

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:
(i) The provision of records and documents, including official records and documents