www.kenyalaw.org
The International Crimes Act, 2008
(1) (b) does not prevent the Attorney-General from
refusing the assistance sought in accordance with section
159 (4).
PART IX—INVESTIGATIONS OR S ITTINGS OF ICC IN
K ENYA
Prosecutor may
conduct
investigations in
Kenya.
(Cf. Rome Statute,
articles 54 (3), 57
(3) (d), 99 (1) and
(4).)
161. The Prosecutor may conduct investigations in
Kenyan territory—
(a) in accordance with the provisions of Part 9 of the
Rome Statute and as specified in section 23; or
(b) as authorised by the Pre-Trial Chamber under
paragraph 3 (d) of article 57 of the Rome Statute.
ICC sittings in
Kenya.
(Cf. Rome Statute,
articles 3 (3), 62.)
162. The ICC may sit in Kenya for the purpose of
performing any of its functions under the Rome Statute
and under the ICC Rules, including any of the
following—
(a) taking evidence;
(b) conducting or continuing any proceedings;
(c) giving judgment in any proceedings;
(d) reviewing a sentence.
ICC’s powers
while sitting in
Kenya.
(Cf. Rome Statute,
articles 4 (2), 64.)
163. While the ICC is sitting in Kenya, it may
exercise its functions and powers as provided under the
Rome Statute and under the ICC Rules.
ICC may
administer oaths
in Kenya.
(Cf. Rome Statute,
article 69 (1).)
164. The ICC may, at any sitting of the ICC in Kenya,
administer an oath or affirmation giving an undertaking as
to truthfulness in accordance with the practice and
procedure of the ICC.
Orders made by
ICC not subject to
review.
165. No application for review under any provision of
the enacted law, and no application for an order of
mandamus or prohibition or certiorari or for a declaration
or injunction may be brought in respect of any judgment
or order or determination of the ICC that is made or given
at a sitting of the ICC in Kenya.
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