www.kenyalaw.org The International Crimes Act, 2008 General may refuse to return the thing to the person from whom it was seized if— (a) the thing is the subject of a dispute as to who is entitled to it; (b) the thing is required for the investigation of an offence within the jurisdiction of Kenya; or (c) possession of the thing by the person would be unlawful in Kenya. Facilitating provision of records and documents. (Cf. Rome Statute, article 93 (1) (i).) 104. (1) Where the ICC makes a request under paragraph 1 (i) of article 93 of the Rome Statute for the provision of records and documents, including official records and documents, 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) the document or record sought is or may be in Kenya. (2) If the Attorney-General gives authority for the request to proceed— (a) he shall forward the request to the appropriate Kenyan agency; and (b) that agency shall, without delay— (i) use its best endeavours to locate and make available the document or record sought; (ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and (iii) deliver the document or record, if located, to the Attorney-General. (3) This section does not confer on any person power to require the production of a document or record. Protecting victims and witnesses and preserving 105. (1) This section shall apply if the ICC requests— (a) assistance under paragraph 1 (j) of article 93 of 65