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
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