The International Crimes Act, 2008
(ii) advise the Attorney-General of the outcome
of those endeavours.
Assistance in
gathering
evidence.
(Cf. Rome Statute,
articles 19 (8), 56,
64, 93 (1) (a).)
77. (1) This section shall apply if the ICC requests,
under paragraph 8 of article 19, article 56, article 64 or
paragraph 1 (b) of article 93 of the Rome Statute, that—
(a) evidence be taken in Kenya; or
(b) documents or other articles in Kenya be produced.
www.kenyalaw.org
(2) The Attorney-General shall give authority for the
request to proceed if the Attorney-General is satisfied
that—
(a) the request relates to an investigation being
conducted by the Prosecutor or to any proceedings before the ICC; and
(b) there are reasonable grounds for believing that the
evidence can be taken or, as the case may be, the
documents or other articles can be produced in
Kenya.
Taking evidence.
78. (1) If the Attorney-General gives authority for a
request relating to the taking of evidence to proceed, the
statement of each witness shall be taken in writing on the
oath or affirmation of that witness by a Judge of the High
Court.
(2) The Judge who takes evidence under subsection
(1) shall—
(a) certify that the evidence was taken by the Judge;
and
(b) ensure that the evidence, as certified, is sent to the
Attorney-General.
Producing
documents or
other articles.
79. (1) If the Attorney-General gives authority for a
request relating to the production of documents or other
articles to proceed, a Judge of the High Court may make
an order requiring their production.
(2) If the documents or other articles are produced, the
49
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