Examination of witnesses - national procedures for ICC proceedings

Republic of Kenya

Kenya - Mutual Legal Assistance Act 2011 (2012) EN


14. Examination of witnesses

(1) A request under this Act may seek assistance in the examination of witnesses.

(2) The request made under subsection (1) shall specify as appropriate, and so far as the circumstances of the case may permit—
(a) the names and addresses or the official designations of the witnesses to be examined;
(b) the questions to be put to the witnesses or the subject matter about which they are to be examined;
(c) whether it is desired that the witnesses be examined orally or in writing;
(d) whether it is desired that an oath be administered to the witnesses or, as Kenyan law allows, that they be required to make their solemn affirmation;
(e) any provisions of the law of the requesting state as to privilege or exemption from giving evidence which appear especially relevant to the request;
(f) any special requirements as to the manner of taking evidence relevant to its admissibility in a requesting state; and
(g) any other relevant information.

(3) The request may seek permission for, so far as Kenyan law permits, the accused person or his legal representative to attend the examination of the witness and ask questions of the witness.

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;