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.

113. (1) This section shall apply if the ICC is considering an admissibility challenge under article 18 or article 19 of the Rome Statute in respect of a case that a request to which this Part applies relates.

(2) If the ICC has not made an order under article 18 or article 19 of the Rome Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney-General may postpone the execution of the request until the ICC's determination on admissibility is issued.

(3) If the ICC has made an order under article 18 or
article 19 of the Rome Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney-General may not postpone the execution of a request under this section but shall deal with it under this Part.

(4) If the ICC determines that the case to which the request relates is inadmissible, the request shall be refused.

(5) If the ICC determines that the case to which the request relates is admissible, and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part.

Keywords

Postponement of execution of ICC request



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