ICC sitting in State territory

Republic of Kenya

Kenya - International Crimes Act 2008 EN


161. The Prosecutor may conduct investigations in Kenyan territory
(a) in accordance with the provisions of Part 9 of the Rome Statute and as specified in section 23; or
(b) as authorised by the Pre-Trial Chamber under paragraph 3 (d) of article 57 of the Rome Statute.

162. The ICC may sit in Kenya for the purpose of performing any of its functions under the Rome Statute and under the ICC Rules, including any of the following—
(a) taking evidence;
(b) conducting or continuing any proceedings;
(c) giving judgment in any proceedings;
(d) reviewing a sentence.

163. While the ICC is sitting in Kenya, it may exercise its functions and powers as provided under the Rome Statute and under the ICC Rules.

164. The ICC may, at any sitting of the ICC in Kenya, administer an oath or affirmation giving an undertaking as to truthfulness in accordance with the practice and procedure of the ICC.

165. No application for review under any provision of the enacted law, and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be brought in respect of any judgment or order or determination of the ICC that is made or given at a sitting of the ICC in Kenya.

166. (1) A person in Kenya shall be kept in custody as the Minister directs in writing if—
(a) the ICC holds any sitting in Kenya; and
(b) the ICC requests that the person whose presence is required at the proceedings be held in custody as an ICC prisoner while the sitting continues in Kenya.

(2) A direction given under subsection (1) in respect of an ICC prisoner is sufficient authority for the detention of that prisoner in accordance with the terms of the direction.

(3) If an ICC prisoner is directed to be detained in a
prison under subsection (1), the prisoner shall be treated
in conformity with international human rights law and the Prisons Act, so far as applicable and with all necessary modifications, shall apply with respect to that prisoner as if the prisoner had been remanded in custody or sentenced to imprisonment for an offence against the law of Kenya, as the case may require, and is liable to be detained in a prison under such an order or sentence.

(4) For the purposes of sections 122, 123 and 124 of
the Penal Code, (which relate to rescue or escape from
lawful custody), an ICC prisoner who is in custody in a Kenyan prison or other detention facility shall be deemed to be in lawful custody while in Kenya.

167. If the Minister is satisfied that the presence of an ICC prisoner who was the subject of a direction undersection 166 (1) is no longer necessary, sections 145 to 151 shall apply, with any necessary modifications, to that person.

Rome Statute

Article 3 Seat of the Court

3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.


ARTICLE 12 Exercise of the Functions of the Court outside its Headquarters

In the event that the Court, pursuant to article 3, paragraph 3, of the Statute, considers it desirable to sit elsewhere than at its headquarters at The Hague in the Netherlands, the Court may conclude with the State concerned an arrangement concerning the provision of the appropriate facilities for the exercise of its functions.