Production of evidence - national procedures for ICC proceedings

Republic of Kenya

Kenya - International Crimes Act 2008 EN


Finding Persons or Things, and Obtaining Evidence

79. (1) If the Attorney-General gives authority for a request relating to the production of documents or other articles to proceed, a Judge of the High Court may make an order requiring their production.

(2) If the documents or other articles are produced, the

Judge shall send them to the Attorney-General together with a written statement certifying that they were pro¬duced to the Judge.

(3) Notwithstanding subsection (2), in the case of documents that are produced, the Judge may send to the Attorney-General copies of the documents certified by the Judge to be true copies instead of the originals.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;