www.kenyalaw.org The International Crimes Act, 2008 Judge shall send them to the Attorney-General together with a written statement certifying that they were produced to the Judge. (3) Notwithstanding subsection (2), in the case of documents that are produced, the Judge may send to the Attorney-General copies of the documents certified by the Judge to be true copies instead of the originals. Protection of witnesses. 80. (1) The applicable law with respect to compelling a person to appear before a Judge under section 78 or 79 and to give evidence or answer questions, or to produce documents or other articles, is the law specified in subsection (2), which law shall apply with any necessary modifications. (2) For the purposes of subsection (1), the applicable law is the law of Kenya t h a t applies to the giving of evidence or the answering of questions or the production of documents or other articles on the hearing of a charge against a person for an offence against the law of Kenya. (3) Notwithstanding subsection (1), for the purposes of sections 78 a n d 79, the person to whom the investigation being conducted by the Prosecutor, or the proceedings before the ICC, relates is competent but not compellable to give evidence. (4) Notwithstanding subsection (1), a person who is required under section 78 or 79 to give evidence, or to produce documents or other articles, is not required to give any evidence, or to produce any document or article, that the person could not be compelled to give or produce in the investigation being conducted by the Prosecutor or the proceedings before the ICC. (5) A person who is required under section 78 or 79 to give evidence or to produce documents or other articles— (a) has the same privileges in relation to the answering of questions and the production of documents or articles as if the investigation were 50

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