The International Crimes Act, 2008
93 (1) (d).)
Kenya, the Attorney-General may shall 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 or body to be served is or may be in
Kenya.
(2) If the Attorney-General gives authority for the
request to proceed, he shall forward the request for
service to the appropriate Kenyan agency, and that agency
shall, without delay—
www.kenyalaw.org
(a) use its best endeavours to have the process
served—
(i) in accordance with any procedure specified in
the request; or
(ii) if that procedure would be unlawful or
inappropriate in Kenya, or if no procedure is
specified, in accordance with the law of
Kenya; and
(b) transmit to the Attorney-General—
(i) a certificate as to service, if the document is
served; or
(ii) a statement of the reasons that prevented
service, if the document is not served.
(3) In this section, “document” includes—
(a) a summons requiring a person to appear as a
witness; and
(b) a summons to an accused that has been issued
under paragraph 7 of article 58 of the Rome
Statute.
Request for
voluntary
appearance of
witness.
(Cf. Rome Statute,
articles 19 (8), 56,
64, 93 (1) (e).)
87. (1) Where the ICC requests assistance under
paragraph 8 of article 19, article 56, paragraph 7 of article
58, article 64 or paragraph 1 (e) of article 93 of the Rome
Statute i n facilitating the voluntary appearance of a
witness before the ICC, the Attorney-General may give
authority for the request to proceed if he is satisfied
that—
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