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The International Crimes Act, 2008
Judge shall send them to the Attorney-General together
with a written statement certifying that they were produced to the Judge.
(3) Notwithstanding subsection (2), in the case of
documents that are produced, the Judge may send to the
Attorney-General copies of the documents certified by the
Judge to be true copies instead of the originals.
Protection of
witnesses.
80. (1) The applicable law with respect to compelling
a person to appear before a Judge under section 78 or 79
and to give evidence or answer questions, or to produce
documents or other articles, is the law specified in subsection (2), which law shall apply with any necessary
modifications.
(2) For the purposes of subsection (1), the applicable
law is the law of Kenya t h a t applies to the giving of
evidence or the answering of questions or the production
of documents or other articles on the hearing of a charge
against a person for an offence against the law of Kenya.
(3) Notwithstanding subsection (1), for the purposes
of sections 78 a n d 79, the person to whom the investigation being conducted by the Prosecutor, or the
proceedings before the ICC, relates is competent but not
compellable to give evidence.
(4) Notwithstanding subsection (1), a person who is
required under section 78 or 79 to give evidence, or to
produce documents or other articles, is not required to
give any evidence, or to produce any document or article,
that the person could not be compelled to give or produce
in the investigation being conducted by the Prosecutor or
the proceedings before the ICC.
(5) A person who is required under section 78 or 79 to
give evidence or to produce documents or other articles—
(a) has the same privileges in relation to the
answering of questions and the production of
documents or articles as if the investigation were
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