www.kenyalaw.org
The International Crimes Act, 2008
reference to this Act.
(5) For the purposes of interpreting and applying
articles 6 to 8 of the Rome Statute in proceedings for an
offence under section 6—
(a) the Kenyan Court exercising jurisdiction in the
proceedings shall have regard to any elements of
crimes adopted or amended in accordance with
article 9 of the Rome Statute; and
Cap. 63.
Jurisdiction to try
offences under
section 6.
(b) provisions of the Penal Code, to the extent of any
inconsistency with the application of paragraph
(a), shall not apply.
8. A person who is alleged to have committed an
offence under section 6 may be tried and punished in
Kenya for that offence if—
(a) the act or omission constituting the offence is
alleged to have been committed in Kenya ; or
(b) at the time the offence is alleged to have been
committed—
(i) the person was a Kenyan citizen or was
employed by the Government of Kenya in a
civilian or military capacity;
(ii) the person was a citizen of a state that was
engaged in an armed conflict against Kenya,
or was employed in a civilian or military
capacity by such a state;
(iii) the victim of the alleged offence was a
Kenyan citizen; or
(iv) the victim of the alleged offence was a citizen
of a state that was allied with Kenya in an
armed conflict; or
(c) the person is, after commission of the offence,
present in Kenya
(2) A trial authorized by this section to be conducted
in Kenya shall be conducted in the High Court.
Offences Against Administration of Justice
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