The International Crimes Act, 2008 and (d) shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in the Rome Statute; and www.kenyalaw.org (e) shall be informed, before being questioned, that there are grounds to believe that he has committed a crime within the jurisdiction of the ICC and that he has the right— (i) to remain silent, without such silence being a consideration in the determination of his guilt or innocence; (ii) to have legal assistance of his choosing, or, if he does not have legal assistance, to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; and (iii) to be questioned in the presence of a lawyer unless he voluntarily waives the right to counsel. (3) If there is any inconsistency between subsection (2) and any other written law, subsection (2) shall prevail to the extent of the inconsistency. (4) If the person seeks to have legal assistance assigned under subsection (2) (e) (ii), the AttorneyGeneral shall cause such assistance to be provided. (5) This section does not give any person a power to require another person to answer questions. Service of Documents and Appearance of Witnesses Assistance in arranging service of documents. (Cf. Rome Statute, articles 19 (8), 56, 58 (7), 59 (7), 64, 86. (1) Where the ICC requests assistance under paragraph 8 of article 19, article 56, paragraph 7 of article 58, article 64 or paragraph 1 (d) of article 93 of the Rome Statute in arranging for the service of a document in 54

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