The International Crimes Act, 2008 (ii) advise the Attorney-General of the outcome of those endeavours. Assistance in gathering evidence. (Cf. Rome Statute, articles 19 (8), 56, 64, 93 (1) (a).) 77. (1) This section shall apply if the ICC requests, under paragraph 8 of article 19, article 56, article 64 or paragraph 1 (b) of article 93 of the Rome Statute, that— (a) evidence be taken in Kenya; or (b) documents or other articles in Kenya be produced. www.kenyalaw.org (2) The Attorney-General shall give authority for the request to proceed if the Attorney-General is satisfied that— (a) the request relates to an investigation being conducted by the Prosecutor or to any proceedings before the ICC; and (b) there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in Kenya. Taking evidence. 78. (1) If the Attorney-General gives authority for a request relating to the taking of evidence to proceed, the statement of each witness shall be taken in writing on the oath or affirmation of that witness by a Judge of the High Court. (2) The Judge who takes evidence under subsection (1) shall— (a) certify that the evidence was taken by the Judge; and (b) ensure that the evidence, as certified, is sent to the Attorney-General. Producing documents or other articles. 79. (1) If the Attorney-General gives authority for a request relating to the production of documents or other articles to proceed, a Judge of the High Court may make an order requiring their production. (2) If the documents or other articles are produced, the 49

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