PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Finding Persons or Things, and Obtaining Evidence
80. (1) The applicable law with respect to compelling a person to appear before a Judge under section 78 or 79 and to give evidence or answer questions, or to produce documents or other articles, is the law specified in sub¬section (2), which law shall apply with any necessary modifications.
(2) For the purposes of subsection (1), the applicable law is the law of Kenya that applies to the giving of evidence or the answering of questions or the production of documents or other articles on the hearing of a charge against a person for an offence against the law of Kenya.
(3) Notwithstanding subsection (1), for the purposes of sections 78 and 79, the person to whom the inves¬tigation being conducted by the Prosecutor, or the proceedings before the ICC, relates is competent but not compellable to give evidence.
(4) Notwithstanding subsection (1), a person who is required under section 78 or 79 to give evidence, or to produce documents or other articles, is not required to give any evidence, or to produce any document or article, that the person could not be compelled to give or produce in the investigation being conducted by the Prosecutor or the proceedings before the ICC.
(5) A person who is required under section 78 or 79 to give evidence or to produce documents or other articles—
(a) has the same privileges in relation to the answering of questions and the production of documents or articles as if the investigation were being conducted in Kenya or the proceedings were pending in a Kenyan court, as the case may be; and
(b) shall be given a copy of any statement required to be given to a witness under the ICC Rules in the manner and form required by those Rules.
(6) Subsections (4) and (5) shall have effect subject to section 27 and any contrary provision in the Rome Statute or the ICC Rules.
Procedure for witness testimony - national proceedings
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