www.kenyalaw.org The International Crimes Act, 2008 appropriate information or the appropriate documents specified in articles 87, 91, 92, 93, or 96 of the Rome Statute; (b) the ICC has not provided sufficient information for a request for assistance to be executed; (c) in the case of a request for surrender— (i) the person sought cannot be located in Kenya; or (ii) it appears that the person in Kenya is clearly not the person named in the warrant or judgment, as the case may be; (d) execution of a request for assistance in its current form would require the breach of an existing treaty obligation to another State; or (e) for any other reason there are or may be difficulties with the execution of a request for assistance received from the ICC. (2) Before refusing any request for assistance, the Attorney-General or the Minister, as the case may be, shall consult with the ICC to ascertain whether the assistance sought could be provided— (a) subject to conditions; or (b) at a later date or in an alternative manner. (3) Without limiting the types of conditions under which assistance may be provided, the Attorney-General may agree to the transmission of documents or information to the Prosecutor on a confidential basis, on the condition that the Prosecutor will use them solely for the purpose of generating new evidence. (4) If the Attorney-General transmits documents or information subject to the condition specified in subsection (3), the Attorney-General may subsequently consent to the disclosure of such documents or information for use as evidence under the provisions of Parts 5 and 6 of the Rome Statute and in accordance with the ICC Rules. 16