www.kenyalaw.org
The International Crimes Act, 2008
(2) The consent given under subsection (1) may relate
to the person’s surrender to another State.
(3) Before giving consent under subsection (1), the
Minister—
(a) may request that additional information b e
provided in accordance with article 91 of t h e
Rome Statute; and
(b) may seek such assurances from the ICC as the
Minister thinks fit.
PART V—DOMESTIC PROCEDURES FOR OTHER TYPES
OF CO -OPERATION
Finding Persons or Things, and Obtaining Evidence
Assistance in
locating or
identifying
persons or things.
(Cf. Rome Statute,
articles 19 (8), 56,
64, 93 (1) (a).)
76. (1) Where the ICC requests assistance under
paragraph 8 of article 19, article 56, article 64 or paragraph 1 (a) of article 93 of the Rome Statute in locating,
or identifying and locating, a person or a thing believed to
be in Kenya, 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 person to whom or thing to which the request
relates is or may be in Kenya.
(2) If the Attorney-General gives authority for the
request to proceed—
(a) the Attorney-General shall forward the request to
the appropriate Kenyan agency; and
(b) that agency shall, without delay—
(i) use its best endeavours to locate or, as the
case may be, identify and locate the person to
whom or thing to which the request relates;
and
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