The International Crimes Act, 2008 agency; and (b) that agency shall, without delay— (i) use its best endeavours to give effect to the request; (ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and (iii) deliver the report to the Attorney-General. www.kenyalaw.org (3) If the Attorney-General considers that the assistance sought cannot lawfully be provided, he shall, before refusing the request, and in accordance with paragraph 5 of article 93 of the Rome Statute— (a) consult with the ICC; and (b) consider whether the assistance can be provided subject to conditions or whether it can be provided at a later date or in an alternative manner. Restrictions on Provision of Assistance Refusal of assistance. 109. (1) The Attorney-General shall refuse a request by the ICC for assistance to which this Part applies if— (a) the ICC does not accept the conditions suggested in order to implement the request as contemplated by paragraph 5 of article 93 of the Rome Statute and section 108 (3); (b) the ICC determines under article 18 or article 19 of the Rome Statute that the case to which the request relates is inadmissible and section 113 (4) applies; or (c) section 115 (4) applies. (2) The Attorney-General may refuse a request by the ICC to which this Part applies if— (a) Part VIII (which relates to the protection of national security or third party information) applies; (b) there are competing requests from the ICC and a 68