PART II – ESTABLISHMENT OF CENTRAL AUTHORITY
5. Central Authority
(1) There is established an authority to be known as the Central Authority to perform functions specified in this Act.
(2) The office of the Attorney-General shall be designated as the Central Authority established under subsection (1) of this section.
6. Functions of central authority
(1) The functions of the Central Authority shall include—
(a) transmitting and receiving requests for legal assistance and executing or arranging for the execution of such requests;
(b) ensuring that requests for legal assistance conform to the requirements of law and Kenya’s international obligations;
(c) where necessary, certifying or authenticating, or arranging for the certification and authentication of, any documents or other material supplied in response to a request for legal assistance;
(d) taking practical measures to facilitate the orderly and rapid disposition of requests for legal assistance;
(e) negotiating and agreeing on conditions related to requests for legal assistance, as well as to ensuring compliance with those conditions;
(f) making any arrangements deemed necessary in order to transmit the evidentiary material gathered in response to a request for legal assistance to a requesting state or to authorize any other authority to do so;
(g) carrying out such other tasks as provided for by this Act or which may be necessary for effective legal assistance to be provided or received.
PART III – MAKING AND EXECUTION OF LEGAL ASSISTANCE REQUESTS
8. Incoming requests for legal assistance
(1) A request from a requesting state shall be made in writing to the Central Authority.
(2) Upon receipt of the request under subsection (1), the Central Authority shall as soon as is reasonably practicable acknowledge receipt of such request and forthwith transmit the same to the relevant competent authority.
(3) For the purpose of subsection (1), “in writing” includes e-mail, facsimile or other agreed forms of electronic transmission provided that appropriate levels of security and authentication are put in place.
(4) Subject to the provisions of this Act, the Competent Authority shall grant the legal assistance requested in subsection (1) as expeditiously as practicable.
(5) The Competent Authority may seek additional information from a requesting state if it considers necessary.
(6) If the Competent Authority considers that—
(a) the request does not comply with the provisions of this Act; or
(b) in accordance with the provisions of this Act, the request for legal assistance is to be refused in whole or in part; or
(c) the request cannot be complied with, in whole or in part; or
(d) there are circumstances which are likely to cause a significant delay in complying with the request,
it shall promptly inform a requesting state, giving reasons .
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.