Direct execution of requests on State territory

Republic of Kenya

Kenya - International Crimes Act 2008 EN



118. (1) The Prosecutor may execute a request thatdoes not involve any compulsory measures on Kenyan territory in the circumstances specified in paragraph 4 of article 99 of the Rome Statute.

(2) If the Attorney-General identifies difficulties with the execution of a request to which paragraph 4 (b) of article 99 of the Rome Statute relates, he shall without delay consult with the ICC in order to resolve the matter.

(3) The provisions of this Act and the Rome Statute which allow a person heard or examined by the ICC under article 72 of the Rome Statute to invoke restrictions designed to prevent disclosure of confidential information connected with national security shall apply to the execution of requests for assistance under article 99 of the Rome Statute.

Rome Statute

Article 99 Execution of requests under articles 93 and 96

4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:

(a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;

(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.

Article 101 Rule of speciality

1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.