www.kenyalaw.org The International Crimes Act, 2008 would be in breach of an obligation (whether imposed by enactment or otherwise) of the person not to disclose the existence or contents of the document. (2) If a person produces or makes available a document under a production order, neither the production or making available of the document; nor any information, document or thing obtained as a direct or indirect consequence of the production or making available of the document, is admissible against the person in any criminal proceedings in Kenya, other than proceedings for an offence under this Part. (3) For the purposes of subparagraph (2), proceedings on an application under this Schedule are not criminal proceedings. Variation of production order. 21. Where the High Court makes a production order requiring a person to produce a document to an officer, the person may apply to the Court for a variation of the order and, if the Court is satisfied that the document is essential to the business activities of the applicant, the Court may vary the production order so that it requires the applicant to make the document available to an officer for inspection. Failure to comply with production order. 22. (1) Where a person is required by a production order to produce a document to an officer or to make a document available to an officer for inspection, the person is guilty of an offence if the person— (a) contravenes the order without reasonable excuse; or (b) in purported compliance with the order, produces or makes available a document known to the person to be false or misleading in a material particular without— (i) indicating to the officer to whom the document is produced or made available that the document is false or misleading and the particulars in which the document is false or misleading; and (ii) providing correct information to the officer if the person is in possession of, or can reasonably acquire, the correct information. (2) A person who is guilty of an offence under this paragraph is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years, or both. Part E—Monitoring Orders 197