Examination of places or sites - national procedures for ICC proceedings

Republic of Kenya

Kenya - International Crimes Act 2008 EN



95. (1) Where the ICC requests assistance under paragraph 8 of article 19, article 56, article 64 or paragraph 1 (g) of article 93 of the Rome Statute in examining places or sites in Kenya, the Attorney-General shall give authority for the request to proceed if he is satisfied that the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC.

(2) If the Attorney-General gives authority for the request 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 examination of the place or site in the manner that the ICC has requested;
(ii) make such report on the examination as it considers to be appropriate in the circumstances; and
(iii) deliver the report of the examination to the Attorney-General.

(3) This section does not confer on any person a power to enter a place or site.

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:

(g) The examination of places or sites, including the exhumation and examination of grave sites;