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The International Crimes Act, 2008
General may refuse to return the thing to the person from
whom it was seized if—
(a) the thing is the subject of a dispute as to who is
entitled to it;
(b) the thing is required for the investigation of an
offence within the jurisdiction of Kenya; or
(c) possession of the thing by the person would be
unlawful in Kenya.
Facilitating
provision of
records and
documents.
(Cf. Rome Statute,
article 93 (1) (i).)
104. (1) Where the ICC makes a request under
paragraph 1 (i) of article 93 of the Rome Statute for the
provision of records and documents, including official
records and documents, the Attorney-General 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 document or record sought is or may be in
Kenya.
(2) If the Attorney-General gives authority for the
request to proceed—
(a) he shall forward the request to the appropriate
Kenyan agency; and
(b) that agency shall, without delay—
(i) use its best endeavours to locate and make
available the document or record sought;
(ii) make such report on its endeavours as it
considers to be appropriate in the
circumstances; and
(iii) deliver the document or record, if located, to
the Attorney-General.
(3) This section does not confer on any person power
to require the production of a document or record.
Protecting victims
and witnesses and
preserving
105. (1) This section shall apply if the ICC requests—
(a) assistance under paragraph 1 (j) of article 93 of
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