Confidentiality re request for cooperation and supporting documentation

Kenya

Kenya - International Crimes Act 2008 EN

PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

25. (1) A request for assistance and any documents supporting the request shall be kept confidential by the
Kenyan authorities who deal with the request, except to the extent that the disclosure is necessary for execution
of the request.

Kenya - Mutual Legal Assistance Act 2011 (2012) EN

PART VI – INTERCEPTION OF COMMUNICATIONS, PRESERVATION OF COMMUNICATIONS DATA AND COVERT ELECTRONIC SURVEILLANCE

27. Interception of telecommunications

(5) The information provided under this section shall be confidential and shall be kept in accordance with the provisions of this Act or any other relevant written law.

PART VI – INTERCEPTION OF COMMUNICATIONS, PRESERVATION OF COMMUNICATIONS DATA AND COVERT ELECTRONIC SURVEILLANCE

31. Preservation of communications data

(5) If the Competent Authority considers that the preservation of communications data pursuant to a request made under this section will not ensure the future availability of the communications data, or will threaten the confidentiality of, or otherwise prejudice the investigation in a requesting state, it shall promptly inform a requesting state, which shall then determine whether the request should nevertheless be executed.

PART VIII – GENERAL PROVISIONS

42. Confidentiality

The confidentiality of a request and its contents and the information and materials supplied under this Act shall be maintained except for disclosure in the criminal matter specified in the request and where otherwise authorized by the other state.

Rome Statute

Article 87 Requests for cooperation: general provisions

3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.