www.kenyalaw.org The International Crimes Act, 2008 (b) refers the matter to the Attorney-General on the ground that disclosure would prejudice the national security interests of Kenya, the Attorney-General shall determine whether or not he is of the opinion that the giving of information or evidence would prejudice Kenya’s national security interests. (2) If the Attorney-General confirms that he is of the opinion that disclosure would prejudice Kenya’s national security interests, the matter shall be dealt with in accordance with the process specified in sections 156 and 157. (3) If, having following the specified process, the matter has not been resolved, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be. Other situations involving national security. (Cf. Rome Statute, articles 72 (4) and (7) (b) (i), 93 (4).) 155. (1) If, in any circumstances other than those specified in sections 153 and 154, the Attorney-General is of the opinion that the disclosure of information or documents to the ICC would prejudice Kenya’s national security interests, the matter shall be dealt with in accordance with the process specified in sections 156 and 157. (2) Without limiting subsection (1), this section shall apply if the Attorney-General learns that information or documents are being, or are likely to be, disclosed at any stage of the proceedings, and intervenes in accordance with paragraph 4 of article 72 of the Rome Statute. (3) If, having followed the specified process, the matter has not been resolved and the ICC has not made an order for disclosure under paragraph 7 (b) (i) of article 72 of the Rome Statute, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be. Consultation with ICC required. (Cf. Rome Statute, 156. The Attorney-General shall consult with the ICC and, if appropriate, the defence, in accordance with 95

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents