Other types of assistance - specified conditions, alternative manner or later date

Republic of Kenya

Kenya - International Crimes Act 2008 EN

PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24.

(2) Before refusing any request for assistance, the Attorney-General or the Minister, as the case may be, shall consult with the ICC to ascertain whether the assistance sought could be provided—

(a) subject to conditions; or
(b) at a later date or in an alternative manner.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Other Types of Assistance

108.

(3) If the Attorney-General considers that the assistance sought cannot lawfully be provided, he shall, before refusing the request, and in accordance with paragraph 5 of article 93 of the Rome Statute—
(a) consult with the ICC; and
(b) consider whether the assistance can be provided subject to conditions or whether it can be provided at a later date or in an alternative
manner.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

109. (1) The Attorney-General shall refuse a request by the ICC for assistance to which this Part applies if—
(a) the ICC does not accept the conditions suggested in order to implement the request as contemplated by paragraph 5 of article 93 of the Rome Statute and section 108 (3

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

110. (1) The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if—

(d) the request is for assistance under paragraph 1 (l) of article 93 of the Rome Statute and is one to which section 108 (3) applies; or

Rome Statute

Article 93 Other forms of cooperation

5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.