PART I—PRELIMINARY

Offences Against Administration of Justice

19. (2) In addition to the grounds of refusal or postponement specified in Parts IV and V, a request for surrender or other assistance that relates to an offence involving the administration of justice may be refused if, in the opinion of the Minister or the Attorney-General, as the case may be, there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

109.

(2) The Attorney-General may refuse a request by the ICC to which this Part applies if—
(a) Part VIII (which relates to the protection of national security or third party information)
applies;

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Miscellaneous

116. At any time before a formal response is sent to the ICC, the Attorney-General may decide that a request by the ICC for assistance to which this Part applies will be refused or the execution of the request postponed, on a ground specified in section 109 or section 110, even if he has previously given authority for the request to proceed.

PART VIII—PROTECTION OF NATIONAL SECURITY OR THIRD PARTY INFORMATION

National Security

154.
(3) If, having following the specified process, the matter has not been resolved, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

PART VIII—PROTECTION OF NATIONAL SECURITY OR THIRD PARTY INFORMATION

National Security

155.
(3) If, having followed the specified process, the matter has not been resolved and the ICC has not made an order for disclosure under paragraph 7 (b) (i) of article 72 of the Rome Statute, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

PART III – MAKING AND EXECUTION OF LEGAL ASSISTANCE REQUESTS

11. Grounds for refusal

(f) the granting of the request would prejudice the sovereignty, security or any other national interest of Kenya;