The International Crimes Act, 2008
Kenyan law.
(Cf. Rome Statute,
article 93 (3).)
provision in this Part, the Attorney-General shall—
(a) consider whether the assistance can be provided in
another manner or subject to conditions; and
(b) promptly consult with the ICC in order to resolve
the matter.
www.kenyalaw.org
Postponement
where ongoing
investigation or
prosecution.
(Cf. Rome Statute,
article 94.)
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.
(3) 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.
Postponement
where
admissibility
challenge.
(Cf. Rome Statute,
article 95.)
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
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