The International Crimes Act, 2008
State that is not a party to the Rome Statute
relating to the same conduct and section 59 (4) (as
applied by section 114) applies; or
(c) there are competing requests from the ICC and a
State that is not a party to the Rome Statute
relating to different conduct and section 60 (3) (as
applied by section 114) applies.
www.kenyalaw.org
Postponement of
execution of
assistance.
(Cf. Rome Statute,
articles 93 (9), 94,
95.)
110. (1) The Attorney-General may postpone the
execution of a request for assistance under this Part if, and
only if—
(a) the execution of the request would interfere with
an ongoing investigation or prosecution for a
different offence and section 112 applies;
(b) a ruling on admissibility is pending before the
ICC and section 113 applies;
(c) there are competing requests from the ICC and
from another State to which Kenya is under an
international obligation and section 114 (2) (a)
applies;
(d) the request is for assistance under paragraph 1 (l)
of article 93 of the Rome Statute and is one to
which section 108 (3) applies; or
(e) a request of the kind referred to in section
115 (2) (c) is made to the ICC.
(2) Even if a case is one to which subsection (1)
applies, the Attorney-General may decide not to postpone
the execution of the request, and in that event the request
shall be dealt with in accordance with this Part.
(3) If the Attorney-General postpones the execution of
a request for assistance under this Part, the postponement
may be for a reasonable time and may, if the AttorneyGeneral considers it desirable, be extended from time to
time.
Procedure if
execution of
assistance
precluded under
111. If the execution of a particular measure of
assistance specified in a request to which this Part applies
is prohibited in Kenya, then, notwithstanding any other
69
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات