www.kenyalaw.org The International Crimes Act, 2008 (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and (b) the witness’s attendance is sought so that the witness can give evidence or information relating to the investigation or proceedings; and (c) the witness is or may be in Kenya. (2) In this section and sections 88 and 89, “witness” includes a person who may give expert evidence, but does not include a person who has been accused o f a n international crime in the proceedings to which the request relates Consent required and assurances may be sought. (Cf. Rome Statute, article 93 (2).) 88. (1) If the Attorney-General gives authority for the request to facilitate the voluntary appearance of a witness to proceed, he shall forward the request to the appropriate Kenyan agency. (2) The Kenyan agency to which a request is forwarded under subsection (1) shall make such inquiries as may be necessary to ascertain if the prospective witness consents to giving evidence or assisting the ICC. (3) The Attorney-General may, at any time, ask the ICC to give one or more of the following assurances— (a) that the witness will not be prosecuted, detained, or subjected to any restriction of personal freedom by the ICC in respect of all or any specified acts or omissions that occurred before the person’s departure from Kenya; (b) that the witness will be returned to Kenya as soon as practicable in accordance with arrangements agreed to by the Attorney-General; (c) an assurance relating to such other matters as the Attorney-General thinks appropriate. Attorney-General may facilitate appearance. 89. (1) The Attorney-General shall assist in the making of arrangements to facilitate a witness’s attendance before the ICC if he is satisfied that— 56