The International Crimes Act, 2008 article 72 (5).) paragraph 5 of article 72 of the Rome Statute. Procedure where no resolution. (Cf. Rome Statute, articles 72 (6) and (7), 93 (4).) 157. (1) If, after consultation, the Attorney-General considers that there are no means or conditions under which the information or documents or evidence could be provided or disclosed or given without prejudice to Kenya’s national security interests, he shall notify the ICC, in accordance with paragraph 6 of article 72 of the Rome Statute, of the specific reasons for his decision, unless a specific description of the reasons would result itself in prejudice to Kenya’s national security interests. www.kenyalaw.org (2) The Attorney-General shall u s e his b e s t endeavours with a view to reaching a mutually satisfactory outcome if— (a) the ICC determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused; (b) the issue of disclosure arises in the circumstances specified in section 153 or section 154 and the Attorney-General is of the opinion that Kenya’s national security interests would be prejudiced by disclosure; and (c) the ICC requests further consultations for the purpose of considering the representations, which may include hearings in camera and ex parte. (3) The Attorney-General shall comply with an ICC disclosure order if— (a) the ICC determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the defendant; (b) the issue of disclosure arises in the circumstances specified in section 155 (1); and (c) the ICC orders disclosure in accordance with paragraph 7 (b) ( i ) o f article 72 of the Rome Statute. Attorney-General to take into account ICC’s 158. In determining what action to take in relation to a matter to which this Part applies, the Attorney-General 96