Assurance that the witness will not be prosecuted, detained or subjected to restriction of personal freedom

Republic of Kenya

Kenya - International Crimes Act 2008 EN

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

Service of Documents and Appearance of Witnesses

88. (1) If the Attorney-General gives authority for the request to facilitate the voluntary appearance of a witness to proceed, he shall forward the request to the appropriate agency.
(2) The Kenyan agency to which a request is forwarded under subsection (1) shall make such inquiries as may be necessary to ascertain if the prospective witness consents to giving evidence or assisting the ICC.

(3) The Attorney-General may, at any time, ask the ICC to give one or more of the following assurances—
(a) that the witness will not be prosecuted, detained, or subjected to any restriction of personal freedom by the ICC in respect of all or any specified acts or omissions that occurred before the person's departure from Kenya;
(b) that the witness will be returned to Kenya as soon as practicable in accordance with arrangements agreed to by the Attorney-General;
(c) an assurance relating to such other matters as the Attorney-General thinks appropriate.

Rome Statute

Article 93 Other forms of cooperation

2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.