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