PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

20. (1) This Part shall apply to a request by the ICC

for assistance that is made under—
(a) Part 9 of the Rome Statute, in relation to—
(i) the provisional arrest, the arrest, and the surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction;
(ii) the identification and whereabouts of persons or the location of items;
(iii) the taking of evidence, including testimony under oath, and the production of evidence, expert opinions, and reports necessary to the
ICC;
(iv) the questioning of any person being investigated or prosecuted;
(v) the service of documents, including judicial documents;
(vi) facilitating the voluntary appearance of persons as witnesses or experts before the
ICC;
(vii) the temporary transfer of prisoners;
(viii) the examination of places or sites, including the exhumation and examination of grave sites;
(ix) the execution of searches and seizures;
(x) the provision of records and documents, including official records and documents;
(xi) the protection of victims and witnesses and the preservation of evidence;
(xii) the identification, tracing and freezing, or seizure of proceeds, property and assets, and

instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; or
(xiii) any other type of assistance that is not prohibited by the law of Kenya, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC; or
(b) any of the following provisions of the Rome Statute—
(i) paragraph 8 of article 19 (which relates to various steps that the Prosecutor may take with the authority of the ICC);
(ii) article 56 (which relates to various measures that can be taken by the Pre-Trial Chamber);
(iii) article 64 (which relates to various measures that can be taken by the Trial Chamber);
(iv) article 76 (which relates to the imposition of sentence by the Trial Chamber);
(v) article 109 (which relates to the enforcement of fines and forfeiture measures).

(2) Nothing in this section—
(a) limits the type of assistance that the ICC may request under the Rome Statute or the ICC Rules (whether in relation to the provision of information or otherwise); or
(b) prevents the provision of assistance to the ICC otherwise than under this Act, including assistance of an informal nature.

PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

26. (1) The Attorney-General or the Minister, as the
case may be, shall notify the ICC, without delay, of his
response to a request for assistance and of the outcome of
any action that has been taken in relation to it.
(2) If the Attorney-General or the Minister decides, in accordance with the Rome Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the notice to the ICC shall set out the reasons for the decision.
(3) If the request for assistance cannot be executed for any other reason, the notice to the ICC shall set out the reasons for the inability or failure to execute the request.
(4) In the case of an urgent request for assistance, any documents or evidence produced in response shall, at the request of the ICC, be sent urgently to it.

(5) Documents or evidence provided or produced in response to a request for assistance from the ICC shall be transmitted to the ICC in their original language and form.

PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

27. (1) The existence of any immunity or special procedural rule attaching to the official capacity of any person shall not constitute a ground for—
(a) refusing or postponing the execution of a request
for surrender or other assistance by the ICC;
(b) holding that a person is ineligible for surrender, transfer, or removal to the ICC or another State under this Act; or
(c) holding that a person is not obliged to provide the assistance sought in a request by the ICC.

(2) Subsection (1) shall have effect subject to sections 62 and 115, but notwithstanding any other enactment or rule of law.