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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—
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