PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Questioning persons
85. (1) Where there are grounds to believe that a person who is to be questioned by a Kenyan agency following a request under paragraph 1 (c) of article 91 the Rome Statute has committed a crime within the jurisdiction of the ICC, the person—
(a) shall not be compelled to incriminate himself or herself or to confess guilt;
(b) shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness;
and
(d) shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in the Rome Statute; and
(e) shall be informed, before being questioned, that there are grounds to believe that he has committed a crime within the jurisdiction of the ICC and that he has the right—
(i) to remain silent, without such silence being a consideration in the determination of his guilt or innocence;
(ii) to have legal assistance of his choosing, or, if he does not have legal assistance, to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; and
(iii) to be questioned in the presence of a lawyer unless he voluntarily waives the right to counsel.
(3) If there is any inconsistency between subsection (2) and any other written law, subsection (2) shall prevail to the extent of the inconsistency.
(4) If the person seeks to have legal assistance assigned under subsection (2) (e) (ii), the Attorney-General shall cause such assistance to be provided.
(5) This section does not give any person a power to require another person to answer questions.
EDIT.