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—

(o) not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted ;

PART IV – PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS

PREVIOUS CONVICTION OR ACQUITTAL

138. Persons convicted or acquitted not to be tried again for same offence
A person who has been once tried by a court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal has not been reversed or set aside, not be liable to be tried again on the same facts for the same offence.

PART XVIII – VISITING FORCES

283. Prosecution and trial for civil offences
(3) If a member of a visiting force has been tried by a court of the country to which the force belongs—
(a) the member shall not be tried for the same offence by a Kenyan court; and

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—

(a) article 20 (which relates to crimes for which a person has previously been acquitted or convicted);

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

52. (1) The Minister may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if, and only if -

(a) a ruling on admissibility of the kind specified in section 53 (1) or section 55 (1) or section 56 is pending before the ICC;

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

53. (1) Where the person whose surrender is sought alleges that—
(a) the case is one to which paragraph 1 of article 20
of the Rome Statute applies (because it relates to
conduct that formed the basis of crimes for which
the person has been convicted or acquitted by the
ICC); or

PART III – MAKING AND EXECUTION OF LEGAL ASSISTANCE REQUESTS

11. Grounds for refusal

(c) the request relates to the prosecution of a person for an offence in a case where the person has been acquitted or pardoned by a competent tribunal or authority in a requesting state, or has undergone the punishment provided by the law of that country, in respect of that offence or of another offence constituted by the same act or omission as that offence ;