PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

21. (1) A request for assistance shall be made through an authorised channel and—
(a) in the case of a request to which Part IV applies, be transmitted to the Minister; or
(b) in any other case, be transmitted to the Attorney-General or a person authorised by the Attorney-General to receive requests.


(2) In this section, "authorised channel" means—

(a) the diplomatic channel to the Minister responsible for foreign affairs; or
(b) any other appropriate channel that Kenya may designate at the time it ratifies the Rome Statute or at any subsequent time in accordance with the
ICC Rules.

(3) This section has effect subject to section 22.

PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

22. (1) In urgent cases a request for assistance (including a request for provisional arrest) may be—

(b) transmitted through the International Criminal Police Organisation or any other appropriate regional organisation, instead of through an authorised channel (as defined in section 21).

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

7. Request from Kenya

(1) A request for legal assistance from Kenya shall be made by the Competent Authority.

(2) A request made under subsection (1) may be initiated by any law enforcement agency, or prosecution or judicial authority competent under Kenyan law.

(3) In the event of urgency or as permitted by any other written law, requests may be sent by direct transmission from a Competent Authority to a competent authority of a requested state for execution
subject to domestic law of the requested state.

(4) Where further information is required before a request under this section is executed, in so far as practicable, such information shall be provided for and within any deadlines as may be set by a requested state