Kenya

The International Crimes Act 2008

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

Restrictions on Provision of Assistance

109. (1) The Attorney-General shall refuse a request by the ICC for assistance to which this Part applies if—
(a) the ICC does not accept the conditions suggested in order to implement the request as contemplated by paragraph 5 of article 93 of the Rome Statute and section 108 (3);
(b) the ICC determines under article 18 or article 19 of the Rome Statute that the case to which the request relates is inadmissible and section 113 (4) applies; or
(c) section 115 (4) applies.

(2) The Attorney-General may refuse a request by the ICC to which this Part applies if—
(a) Part VIII (which relates to the protection of national security or third party information)
applies;
(b) there are competing requests from the ICC and a
State that is not a party to the Rome Statute relating to the same conduct and section 59 (4) (as applied by section 114) applies; or
(c) there are competing requests from the ICC and a State that is not a party to the Rome Statute relating to different conduct and section 60 (3) (as applied by section 114) applies.

Keywords

Refusal of ICC request



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