Questioning of persons - national procedures for ICC proceedings

Republic of Kenya

Kenya - International Crimes Act 2008 EN


Questioning persons

84. (1) Where the ICC requests assistance under paragraph 8 of article 19, article 56, article 64 or paragraph 1 (c) of article 93 of the Rome Statute in questioning a person who is being investigated or prosecuted, the Attorney-General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or any proceedings
before the ICC; and
(b) the person is or may be in Kenya.

(2) If the Attorney-General gives authority to proceed—
(a) he shall forward the request to the appropriate Kenyan agency; and
(b) that agency shall, without delay—

(i) use its best endeavours to undertake the questioning that the ICC has requested;
(ii) ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and
(iii) advise the Attorney-General of the outcome of those endeavours and, if relevant, deliver to him the record and any report of the quest¬ioning.

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:

(c) The questioning of any person being investigated or prosecuted;