www.kenyalaw.org The International Crimes Act, 2008 article 19 of the Rome Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney-General may not postpone the execution of a request under this section but shall deal with it under this Part. (4) If the ICC determines that the case to which the request relates is inadmissible, the request shall b e refused. (5) If the ICC determines that the case to which the request relates is admissible, and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part. Competing requests. (Cf. Rome Statute, articles 90, 93 (9) (a).) 114. (1) If the Attorney-General receives competing requests for assistance from the ICC and from another State to which Kenya is under an obligation to respond, he shall endeavour, after consultation with the ICC and the other State, to satisfy both requests. (2) For the purposes of subsection (1), the AttorneyGeneral may do either or both of the following— (a) postpone the execution of either of the competing requests; (b) attach conditions to the provision of assistance under either or both of the requests. (3) If it is not possible to resolve the issue by consultation, the method of dealing with the competing requests shall be resolved in accordance with article 90 of the Rome Statute, and sections 57 to 61 shall apply, with any necessary modifications. Requests involving conflict with other international obligations. (Cf. Rome Statute, article 98 (1).) 115. (1) If a request by the ICC for assistance to which this Part applies concerns persons who, or information or property that, are subject to the control of another State or an international organisation under an international agreement, the Attorney-General shall inform the ICC to enable it to direct its request to the other State or international organisation. 71

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