Kenya

The International Crimes Act 2008

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

Restrictions on Provision of Assistance

112. (1) If the immediate execution of a request by the ICC for assistance to which this Part applies would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the Attorney-General may postpone the execution of the request for a period of time agreed between him and the ICC.
(2) Notwithstanding section 110 (3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.
(2) Before making a decision to postpone the execution of a request, the Attorney-General shall consider whether the assistance could be provided immediately subject to certain conditions.
(4) If the Attorney-General decides to postpone the execution of a request and the ICC seeks assistance in the preservation of evidence under paragraph 1 (j) of article 93 of the Rome Statute, he shall deal with that request in accordance with this Part.

Keywords

Postponement - ongoing investigation or prosecution



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