The International Crimes Act, 2008 questioning a person who i s b eing investigated or prosecuted, the Attorney-General may give authority for the request to proceed if he is satisfied that— (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and (b) the person is or may be in Kenya. (2) If the Attorney-General gives authority to proceed— (a) he shall forward the request to the appropriate Kenyan agency; and www.kenyalaw.org (b) that agency shall, without delay— (i) use its best endeavours to undertake the questioning that the ICC has requested; (ii) ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and (iii) advise the Attorney-General of the outcome of those endeavours and, if relevant, deliver to him the record and any report of the questioning. Procedure where questioning by Kenyan agency. (Cf. Rome Statute, article55.) 85. (1) Where there are grounds to believe that a person who is to be questioned by a Kenyan agency following a request under paragraph 1 (c) of article 91 of the Rome Statute has committed a crime within the jurisdiction of the ICC, the person— (a) shall not be compelled to incriminate himself or herself or to confess guilt; (b) shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment; (c) shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; 53