PART IV – REQUEST FOR SPECIFIC FORMS OF LEGAL ASSISTANCE
12. Service of documents
(1) A request under this Act may seek assistance in the service of documents relevant to a criminal matter.
(2) The request made under subsection (1) shall be accompanied by the necessary documents to be served.
(3) The Central Authority shall ensure that the documents to be served are served either by—
(a) any particular method stated in the request, unless such method is contrary to Kenyan law; or
(b) any method prescribed by Kenyan law for the service of documents in criminal proceedings.
(4) The Central Authority shall transmit to a requesting state a certificate or other proof as to the service of the documents or, if they have not been served, as to the reasons which have prevented service.
(5) Notwithstanding the provisions of section 8(1) a requesting state may send legal documents directly
to the intended person who is present in Kenya unless—
(a) the address of the person for whom the document is intended is unknown or uncertain; or
(b) the relevant law of a requesting state requires proof of service; or
(c) it has not been possible to serve the document by post; or
(d) there are reasons to believe that the dispatch by post will be ineffective or is inappropriate.
Service of documents - national procedures for ICC proceedings
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