The International Crimes Act, 2008
(ii) make such report on the examination as it
considers to be appropriate in the
circumstances; and
(iii) deliver the report of the examination to the
Attorney-General.
(3) This section does not confer on any person a
power to enter a place or site.
www.kenyalaw.org
Request for search
and seizure.
(Cf. Rome Statute,
articles 19 (8), 56,
64, 93 (1) (b).)
96. (1) Where the ICC makes a request under paragraph 8 of article 19, article 56, article 64 or paragraph 1
(h) of article 93 of the Rome Statute for search and
seizure, the Attorney-General shall give authority for the
request to proceed if he is satisfied that—
(a) the request relates to an investigation being
conducted by the Prosecutor or any proceedings
before the ICC; and
(b) any thing relevant to the investigation or
proceedings is or may be located in Kenya.
(2) If the Attorney-General gives authority for the
request to proceed, he may authorise a member of the
police force, in writing, to apply to a Judge of the High
Court for a search warrant under section 97.
Issue of search
warrant.
97. (1) Where a Judge of the High Court, on an
application in writing made on oath or affirmation by a
member of the police force, is satisfied that there are
reasonable grounds for believing that there is in or on any
place or thing—
(a) any thing on or in respect of which an international crime has been, or is suspected of having
been, committed; or
(b) any thing that may be evidence as to the
commission of any such crime,
the Judge shall issue a warrant in respect of that thing.
(2) A J u d g e shall not issue a warrant under this
section unless the application contains, or the applicant
otherwise supplies to the Judge, such information as the
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