PART X—REQUESTS TO ICC FOR ASSISTANCE
168. The Attorney-General or the Minister, as the case may be, may make a request to the ICC for assistance in accordance with this Part in an investigation into, or trial in respect of, conduct that may constitute a crime within the jurisdiction of the ICC or that constitutes a crime for which the maximum penalty under Kenyan law is a term of imprisonment of not less than five years.
169. An urgent request for assistance may be made ortransmitted to the ICC in the manner specified in section 22 (1).
170. A request may be made under this Part for any assistance that the ICC may lawfully give, including—
(a) the transmission of statements, documents, or
other types of evidence obtained in the course of an investigation or a trial conducted by the ICC; and
(b) the questioning of any person detained by order of
the ICC.
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
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
b. The questioning of any person detained by order of the Court;
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.