'Other types of assistance - specified conditions, alternative manner or later date' 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

8. Incoming requests for legal assistance

(6) If the Competent Authority considers that—
(a) the request does not comply with the provisions of this Act; or
(b) in accordance with the provisions of this Act, the request for legal assistance is to be refused in whole or in part; or
(c) the request cannot be complied with, in whole or in part; or
(d) there are circumstances which are likely to cause a significant delay in complying with the request,
it shall promptly inform a requesting state, giving reasons .

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.