www.kenyalaw.org The International Crimes Act, 2008 32 33 Mistake of fact or mistake of law Superior orders and prescription of law 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 PART 4. COMPOSITION AND A DMINISTRATION OF THE COURT Organs of the Court Service of judges Qualifications, nomination and election of judges Judicial vacancies The Presidency Chambers Independence of the judges Excusing and disqualification of judges The Office of the Prosecutor The Registry Staff Solemn undertaking Removal from office Disciplinary measures Privileges and immunities Salaries, allowances and expenses Official and working languages Rules of procedure and evidence Regulations of the Court 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 PART 5. INVESTIGATION AND PROSECUTION Initiation of an investigation Duties and powers of the Prosecutor with respect to investigations Rights of persons during an investigation Role of the Pre-Trial Chamber in relation to a unique investigative opportunity Functions and powers of the Pre-Trial Chamber Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear Arrest proceedings in the custodial State Initial proceedings before the Court Confirmation of the charges before trial PART 6. THE TRIAL Place of trial Trial in the presence of the accused Functions and powers of the Trial Chamber Proceedings on an admission of guilt Presumption of innocence Rights of the accused Protection of the victims and witnesses and their participation in the proceedings Evidence Offences against the administration of justice Sanctions for misconduct before the Court Protection of national security information Third-party information or documents Requirements for the decision Reparations to victims Sentencing 103