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

Evidence

104. (1) Where the ICC makes a request underparagraph 1 (i) of article 93 of the Rome Statute for theprovision of records and documents, including official records and documents, 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 document or record sought is or may be in
Kenya.

(2) If the Attorney-General gives authority for the request to proceed—
(a) he shall forward the request to the appropriate Kenyan agency; and
(b) that agency shall, without delay—

(i) use its best endeavours to locate and make available the document or record sought;
(ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and
(iii) deliver the document or record, if located, to the Attorney-General.

(3) This section does not confer on any person power to require the production of a document or record.

PART IV – REQUEST FOR SPECIFIC FORMS OF LEGAL ASSISTANCE

13. Provision or production of Records

(1) A request under this Act may seek the provision or production of any documents, records or other material relevant to a criminal matter arising in a requesting state.

(2) Where documents or records requested under subsection (1) are not publicly available, the Competent Authority may provide copies of such documents, records or other material to the same extent and under the same conditions as applies to provision of such records to Kenya law enforcement agencies or prosecution or judicial authorities.

PART VIII – GENERAL PROVISIONS

47. Transmission and return of material

(1) Where compliance with a request under this Act would involve the transmission of any document, record or property, Kenya may—
(a) postpone the transmission of the material if it is required in connection with proceedings in that state, and in such a case shall provide certified copies of a document or record pending transmission of the original ; or
(b) require a requesting state to agree to terms and conditions to protect third party interests in the material to be transmitted and may refuse to effect such transmission pending such agreement.

(2) Where any document, record or property is transmitted in compliance with a request under this Act, it shall be returned to Kenya when it is no longer required in connection with the criminal matter specified in the request unless indicated that its return is not desired.