Kenya

The International Crimes Act 2008

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Finding Persons or Things, and Obtaining Evidence

76. (1) where the ICC requests assistance under paragraph 8 of article 19, article 56, article 64 or paragraph 1 (a) of article 93 of the Rome Statute in locating, or identifying and locating, a person or a thing believed to
be in Kenya, the Attorney-General shall give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and
(b) the person to whom or thing to which the request relates is or may be in Kenya.

(2) If the Attorney-General gives authority for the request to proceed—
(a) the Attorney-General shall forward the request to the appropriate Kenyan agency; and
(b) that agency shall, without delay—
(i) use its best endeavours to locate or, as the case may be, identify and locate the person to whom or thing to which the request relates; and
(ii) advise the Attorney-General of the outcome of those endeavours.

Keywords

National procedures for execution of cooperation request
Request for cooperation
Unique investigative opportunity
Location of items - authority - ICC proceedings
Location of items - national procedures for ICC proceedings
Prosecutorial steps ahead of admissibility challenge



EDIT.