Kenya

The International Crimes Act 2008

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

Restrictions on Provision of Assistance

110. (1) The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if—
(a) the execution of the request would interfere with
an ongoing investigation or prosecution for a different offence and section 112 applies;
(b) a ruling on admissibility is pending before the ICC and section 113 applies;
(c) there are competing requests from the ICC and from another State to which Kenya is under an international obligation and section 114 (2) (a) applies;
(d) the request is for assistance under paragraph 1 (l) of article 93 of the Rome Statute and is one to which section 108 (3) applies; or
(e) a request of the kind referred to in section 115 (2) (c) is made to the ICC.

(2) Even if a case is one to which subsection (1) applies, the Attorney-General may decide not to postpone the execution of the request, and in that event the request shall be dealt with in accordance with this Part.

(3) If the Attorney-General postpones the execution of a request for assistance under this Part, the postponement may be for a reasonable time and may, if the Attorney-General considers it desirable, be extended from time to time.

Keywords

Postponement of execution of ICC request



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