Kenya

Mutual Legal Assistance Act, 2011

PART VIII – GENERAL PROVISIONS

47. Transmission and return of material

(1) Where compliance with a request under this Act would involve the transmission of any document, record or property, Kenya may—
(a) postpone the transmission of the material if it is required in connection with proceedings in that state, and in such a case shall provide certified copies of a document or record pending transmission of the original ; or
(b) require a requesting state to agree to terms and conditions to protect third party interests in the material to be transmitted and may refuse to effect such transmission pending such agreement.

(2) Where any document, record or property is transmitted in compliance with a request under this Act, it shall be returned to Kenya when it is no longer required in connection with the criminal matter specified in the request unless indicated that its return is not desired.

Keywords

Service of documents - national procedures for ICC proceedings
Provision of records and documents - national procedures for ICC proceedings



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