Statement of purpose of request and assistance sought

Kenya

Kenya - Mutual Legal Assistance Act 2011 (2012) EN

PART III – MAKING AND EXECUTION OF LEGAL ASSISTANCE REQUESTS

9. Content of request for legal assistance

(c) specify the nature of the criminal matter, the assistance requested and details of any particular procedure to be followed in compliance with the request;
(d) indicate the purpose for which the evidence, information or any other material is sought;

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

2. The request shall, as applicable, contain or be supported by the following:

(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.