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The International Crimes Act, 2008
article 19 of the Rome Statute allowing the Prosecutor to
collect evidence to which the request relates, the
Attorney-General may not postpone the execution of a
request under this section but shall deal with it under this
Part.
(4) If the ICC determines that the case to which the
request relates is inadmissible, the request shall b e
refused.
(5) If the ICC determines that the case to which the
request relates is admissible, and there is no other ground
for refusing or postponing the request, the request shall
continue to be dealt with under this Part.
Competing
requests.
(Cf. Rome Statute,
articles 90, 93 (9)
(a).)
114. (1) If the Attorney-General receives competing
requests for assistance from the ICC and from another
State to which Kenya is under an obligation to respond,
he shall endeavour, after consultation with the ICC and
the other State, to satisfy both requests.
(2) For the purposes of subsection (1), the AttorneyGeneral may do either or both of the following—
(a) postpone the execution of either of the competing
requests;
(b) attach conditions to the provision of assistance
under either or both of the requests.
(3) If it is not possible to resolve the issue by
consultation, the method of dealing with the competing
requests shall be resolved in accordance with article 90 of
the Rome Statute, and sections 57 to 61 shall apply, with
any necessary modifications.
Requests
involving conflict
with other
international
obligations.
(Cf. Rome Statute,
article 98 (1).)
115. (1) If a request by the ICC for assistance to
which this Part applies concerns persons who, or
information or property that, are subject to the control of
another State or an international organisation under an
international agreement, the Attorney-General shall
inform the ICC to enable it to direct its request to the
other State or international organisation.
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