'Pardon' in document 'Kenya- Mutual Legal Assistance Act 2011 (Revised 2012)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III – MAKING AND EXECUTION OF LEGAL ASSISTANCE REQUESTS

11. Grounds for refusal

(c) the request relates to the prosecution of a person for an offence in a case where the person has been acquitted or pardoned by a competent tribunal or authority in a requesting state, or has undergone the punishment provided by the law of that country, in respect of that offence or of another offence constituted by the same act or omission as that offence ;

RELEVANT ROME STATUTE PROVISIONS

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute