www.kenyalaw.org The International Crimes Act, 2008 (1) (b) does not prevent the Attorney-General from refusing the assistance sought in accordance with section 159 (4). PART IX—INVESTIGATIONS OR S ITTINGS OF ICC IN K ENYA Prosecutor may conduct investigations in Kenya. (Cf. Rome Statute, articles 54 (3), 57 (3) (d), 99 (1) and (4).) 161. The Prosecutor may conduct investigations in Kenyan territory— (a) in accordance with the provisions of Part 9 of the Rome Statute and as specified in section 23; or (b) as authorised by the Pre-Trial Chamber under paragraph 3 (d) of article 57 of the Rome Statute. ICC sittings in Kenya. (Cf. Rome Statute, articles 3 (3), 62.) 162. The ICC may sit in Kenya for the purpose of performing any of its functions under the Rome Statute and under the ICC Rules, including any of the following— (a) taking evidence; (b) conducting or continuing any proceedings; (c) giving judgment in any proceedings; (d) reviewing a sentence. ICC’s powers while sitting in Kenya. (Cf. Rome Statute, articles 4 (2), 64.) 163. While the ICC is sitting in Kenya, it may exercise its functions and powers as provided under the Rome Statute and under the ICC Rules. ICC may administer oaths in Kenya. (Cf. Rome Statute, article 69 (1).) 164. The ICC may, at any sitting of the ICC in Kenya, administer an oath or affirmation giving an undertaking as to truthfulness in accordance with the practice and procedure of the ICC. Orders made by ICC not subject to review. 165. No application for review under any provision of the enacted law, and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be brought in respect of any judgment or order or determination of the ICC that is made or given at a sitting of the ICC in Kenya. 98

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