The International Crimes Act, 2008 State that is not a party to the Rome Statute relating to the same conduct and section 59 (4) (as applied by section 114) applies; or (c) there are competing requests from the ICC and a State that is not a party to the Rome Statute relating to different conduct and section 60 (3) (as applied by section 114) applies. www.kenyalaw.org Postponement of execution of assistance. (Cf. Rome Statute, articles 93 (9), 94, 95.) 110. (1) The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if— (a) the execution of the request would interfere with an ongoing investigation or prosecution for a different offence and section 112 applies; (b) a ruling on admissibility is pending before the ICC and section 113 applies; (c) there are competing requests from the ICC and from another State to which Kenya is under an international obligation and section 114 (2) (a) applies; (d) the request is for assistance under paragraph 1 (l) of article 93 of the Rome Statute and is one to which section 108 (3) applies; or (e) a request of the kind referred to in section 115 (2) (c) is made to the ICC. (2) Even if a case is one to which subsection (1) applies, the Attorney-General may decide not to postpone the execution of the request, and in that event the request shall be dealt with in accordance with this Part. (3) If the Attorney-General postpones the execution of a request for assistance under this Part, the postponement may be for a reasonable time and may, if the AttorneyGeneral considers it desirable, be extended from time to time. Procedure if execution of assistance precluded under 111. If the execution of a particular measure of assistance specified in a request to which this Part applies is prohibited in Kenya, then, notwithstanding any other 69

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