www.kenyalaw.org The International Crimes Act, 2008 Intimidation. 16. Every person who, wrongfully and without lawful authority— (a) for the purpose of compelling another person to abstain from doing anything that the person has a lawful right to do; or (b) to do anything that the person has a lawful right to abstain from doing, in relation to any proceedings of the ICC, causes the person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to the person is guilty of an offence and liable on conviction t o imprisonment for a term of not more than five years. Retaliation against witnesses. 17. (1) A person who, by act or omission, does any thing against a person or a member of the person’s family in retaliation for the person’s having given testimony before the ICC is guilty of an offence and liable on conviction to imprisonment for a term of not more than five years. (2) A person who conspires or attempts to commit, or is an accessory after the fact in relation to, or counsels in relation to, an offence under subsection (1) is guilty of an offence and liable on conviction to imprisonment for a term of not more than five years. Jurisdiction to try offences under sections 9-17. 18. A person who is alleged to have committed an offence under any of sections 9 to 17 may be tried and punished in Kenya for that offence if— (a) the act or omission constituting the offence is alleged to have been committed in Kenya or on board an aircraft or vessel which is registered in Kenya; or (b) at the time the offence is alleged to have been committed, the person was a Kenyan citizen or was employed by Kenya in a civilian or military capacity; or (c) the person is, after commission of the offence, present in Kenya 11