The International Crimes Act, 2008
(2) Where—
(a) the ICC makes a request for assistance;
(b) the ICC has not previously made a final
determination on whether or not paragraph 1 of
article 98 of the Rome Statute applies to that
request; and
(c) a request is made to the ICC to determine whether
or not paragraph 1 of article 98 applies to the
request for surrender,
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the Minister may postpone the request for assistance until
the ICC advises whether or not it wishes to proceed with
the request for assistance.
(4) (3) If the ICC advises that it does not intend to
proceed with the request, the request for assistance shall
be refused.
(5) (4) If the ICC advises that it intends to proceed
with the request for assistance, and there is no other
ground for refusing or postponing the request, the request
shall continue to be dealt with under this Part.
Miscellaneous
Effect of authority
to proceed.
116. At any time before a formal response is sent to
the ICC, the Attorney-General may decide that a request
by the ICC for assistance to which this Part applies will
be refused or the execution of the request postponed, on a
ground specified in section 109 or section 110, even if he
has previously given authority for the request to proceed.
Request may
relate to assistance
sought by defence.
(Cf. Rome Statute,
article 57 (3) (b).)
117. A request made by the ICC under Part 9 of the
Rome Statute to assist a defendant in the preparation of
his defence shall be dealt with in the same manner as a
like request to assist the Prosecutor.
Execution of
request by
Prosecutor.
(Cf. Rome Statute,
article 99 (4) and
118. (1) The Prosecutor may execute a request that
does not involve any compulsory measures on Kenyan
territory in the circumstances specified in paragraph 4 of
article 99 of the Rome Statute.
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