www.kenyalaw.org The International Crimes Act, 2008 commanders and other superiors); (g) article 29 (which excludes any statute of limitations); (h) article 30 (which relates to the mental element of crimes); (i) article 31 (which specifies grounds for excluding criminal responsibility); (j) article 32 (which relates to mistakes of fact or law); (k) article 33 (which relates to superior orders and prescription of law). (2) For the purposes of any such proceedings— (a) the provisions of Kenyan law and the principles of criminal law applicable to the offence under Kenyan law shall apply; and (b) a person charged with the offence may rely on any justification, excuse, or defence available under the laws of Kenya or under international law: Provided that— (i) in the event of any inconsistency between the provisions specified in subsection (1) and the provisions and principles specified in paragraph (a) of this subsection, the provisions specified in subsection (1) shall prevail; and (ii) the fact that an act done outside Kenya is not an offence under the law of the place where it was done shall not be held to be any justification, excuse, or defence. (4) For the purposes of subsection (1), the articles of the Rome Statute specified in that subsection (other than article 20) shall apply as if— (a) a reference to the ICC were a reference to the Kenyan court exercising jurisdiction in respect of the proceedings; and (b) a reference to the Rome Statute included a 6