www.kenyalaw.org
The International Crimes Act, 2008
6. The Presidency may excuse the Prosecutor or a Deputy Prosecutor, at
his or her request, from acting in a particular case.
7. Neither the Prosecutor nor a Deputy Prosecutor shall participate in any
matter in which their impartiality might reasonably be doubted on any
ground. They shall be disqualified from a case in accordance with this
paragraph if, inter alia, they have previously been involved in any capacity
in that case before the Court or in a related criminal case at the national
level involving the person being investigated or prosecuted.
8. Any question as to the disqualification of the Prosecutor or a Deputy
Prosecutor shall be decided by the Appeals Chamber.
(a) The person being investigated or prosecuted may at any time request
the disqualification of the Prosecutor or a Deputy Prosecutor on the
grounds set out in this article;
(b) The Prosecutor or the Deputy Prosecutor, as appropriate, shall be
entitled to present his or her comments on the matter;
9. The Prosecutor shall appoint advisers with legal expertise on specific
issues, including, but not limited to, sexual and gender violence and
violence against children.
Article 43
The Registry
1. The Registry shall be responsible for the non-judicial aspects of the
administration and servicing of the Court, without prejudice to the
functions and powers of the Prosecutor in accordance with article 42.
2. The Registry shall be headed by the Registrar, who shall be the
principal administrative officer of the Court. The Registrar shall exercise
his or her functions under the authority of the President of the Court.
3. The Registrar and the Deputy Registrar shall be persons of high moral
character, be highly competent and have an excellent knowledge of and be
fluent in at least one of the working languages of the Court.
4. The judges shall elect the Registrar by an absolute majority by secret
ballot, taking into account any recommendation by the Assembly of States
Parties. If the need arises and upon the recommendation of the Registrar,
the judges shall elect, in the same manner, a Deputy Registrar.
5. The Registrar shall hold office for a term of five years, shall be eligible
for re-election once and shall serve on a full-time basis. The Deputy
Registrar shall hold office for a term of five years or such shorter term as
may be decided upon by an absolute majority of the judges, and may be
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