PART III – MAKING AND EXECUTION OF LEGAL ASSISTANCE REQUESTS
11. Grounds for refusal
A request for legal assistance under this Act shall be refused if, in the opinion of the Competent Authority—
(a) the request relates to the prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Kenya would not have constituted an offence under Kenyan law;
(b) the request relates to the prosecution or punishment of a person in respect of an act or omission where, if it had occurred in Kenya at the same time and had constituted an offence against Kenyan law, the person responsible could no longer be prosecuted by reason of lapse of time or any other reason;
(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 ;
(d) the request relates to the prosecution or punishment of a person in respect of an act or omission that if it had occurred in Kenya would have constituted an offence under the Kenyan law but the circumstances in which it is alleged to have been committed or was committed is an offence of a political character;
(e) there are substantial grounds for believing that the request is made for the purpose of prosecuting, punishing or otherwise causing prejudice to a person on account of the person’s race, sex, religion, nationality or political opinions;
(f) the granting of the request would prejudice the sovereignty, security or any other national interest of Kenya;
(g) the provision of the legal assistance could prejudice an investigation or proceedings in relation to a criminal matter in Kenya ;
(h) the provision of the legal assistance would or is likely to prejudice the safety of any person, whether in or outside Kenya.
EDIT.