The International Crimes Act, 2008 Confidentiality of request. (Cf. Rome Statute, articles 87 (3) and 87 (4).) 25. (1) A request for assistance and any documents supporting the request shall be kept confidential by the Kenyan authorities who deal with the request, except to the extent that the disclosure is necessary for execution of the request. www.kenyalaw.org (2) Without limiting the generality of subsection (1), if the ICC requests that particular information that is made available with a request for assistance be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses, and their families, the Kenyan authorities shall use their best endeavours to give effect to that request. (3) In this section, “Kenyan authorities” means— (a) the Attorney-General; (b) the Minister; (c) every member of the police force; (d) every prison officer; and (e) every employee of or contractor engaged by a Kenyan agency that is authorised to deal with the request. Response to be sent to ICC. (Cf. Rome Statute, articles 86, 90 (8), 93 (6).) 26. (1) The Attorney-General or the Minister, as the case may be, shall notify the ICC, without delay, of his response to a request for assistance and of the outcome of any action that has been taken in relation to it. (2) If the Attorney-General or the Minister decides, in accordance with the Rome Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the notice to the ICC shall set out the reasons for the decision. (3) If the request for assistance cannot be executed for any other reason, the notice to the ICC shall set out the reasons for the inability or failure to execute the request. (4) In the case of an urgent request for assistance, any documents or evidence produced in response shall, at the 17

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