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

Evidence

105. (1) This section shall apply if the ICC requests— (a) assistance under paragraph 1 (j) of article 93 of the Rome Statute in protecting victims and witnesses or preserving evidence; or
the Rome Statute in protecting victims and witnesses or preserving evidence; or
(b) assistance under paragraph 8 of article 19, or paragraphs 2 or 3 of article 56, in preserving evidence.


(2) 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 assistance sought is not prohibited by Kenyan law.

(3) If the Attorney-General gives authority for the request to proceed—
(a) he shall—

(i) take such steps as he thinks appropriate in the particular case; and
(ii) forward the request to the appropriate Kenyan agency; and
(b) that agency shall, without delay—

(i) use its best endeavours to give effect to the request;
(ii) make such report on its endeavours as it considers to be appropriate in the circum¬stances; and
(iii) deliver the report to the Attorney-General.

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:
(j) The protection of victims and witnesses and the preservation of evidence