Witness protection - national procedures for ICC proceedings


Kenya - International Crimes Act 2008 EN



105. (1) This section shall apply if the ICC requests— (a) assistance under paragraph 1 (j) of article 93 of the Rome Statute in protecting victims and witnesses or preserving evidence; or
the Rome Statute in protecting victims and witnesses or preserving evidence; or
(b) assistance under paragraph 8 of article 19, or paragraphs 2 or 3 of article 56, in preserving evidence.

(2) The Attorney-General shall give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and
(b) the assistance sought is not prohibited by Kenyan law.

(3) If the Attorney-General gives authority for the request to proceed—
(a) he shall—

(i) take such steps as he thinks appropriate in the particular case; and
(ii) forward the request to the appropriate Kenyan agency; and
(b) that agency shall, without delay—

(i) use its best endeavours to give effect to the request;
(ii) make such report on its endeavours as it considers to be appropriate in the circum¬stances; and
(iii) deliver the report to the Attorney-General.

Kenya - Witness Protection Act 2006 (2020) EN

29C. Admission of witnesses at request of international court, or tribunal, to which Kenya is a party
(1) Subject to the provisions of any other law, the Director may upon requestfrom an international court, tribunal, commission, institution or organisation to which Kenya is a party, and after consultations with the Attorney-General, admit any witness to the programme.
(2) The provisions of this Part relating to the protection of foreign witnessesshall, with necessary modifications, apply to a request made pursuant to this section.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(j) The protection of victims and witnesses and the preservation of evidence;