CHAPTER FOUR –– THE BILL OF RIGHTS
Part 2—Rights and fundamental freedoms
50. Fair hearing.
(2) Every accused person has the right to a fair trial, which includes the right—
(n) not to be convicted for an act or omission that at the time it was committed or omitted was not—
(i) an offence in Kenya ; or
(ii) a crime under international law ;
PART I—PRELIMINARY
International Crimes
7. (1) For the purposes of proceedings for an offence under section 6, the following provisions of the Rome Statute shall apply, with any necessary modifications—
(c) paragraph 2 of article 22 (which relates to prin¬ciples of interpretation to be applied to the definition of crimes);
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.