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Extradition (Contiguous and Foreign Countries) Act

18. Authorization of warrants and depositions

Edition: 2023-09-15 · In force

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18. Authorization of warrants and depositions

(1)Warrants and depositions or statements on oath or affirmation and copies thereof and certificate of or judicial documents stating the fact of a conviction shall be deemed duly authenticated for the purposes of this Act if authenticated in manner provided for the time being by law or—
(a)if the warrant purports to be signed by a judge, magistrate or officer of the country where it was issued; or
(b)if the depositions or statements or the copies thereof purport to be certified under the hand of a judge, magistrate or officer of the country where they were taken to be the original depositions or statements or to be true copies thereof, as the case may require; or
(c)if the certificate of or judicial document stating the fact of conviction purports to be certified by a judge, magistrate or officer of the country where the conviction took place; and if in every case the warrants, depositions, statements, copies, certificates and judicial documents, as the case may be, are authenticated by the oath of some witness or—
(i)in a case to which Part II of this Act applies, by being sealed with the official seal of the Cabinet Secretary for the time being responsible for legal affairs, or some other Cabinet Secretary of State, of the country concerned; or
(ii)in a case to which Part III of this Act applies, by sealing in the manner aforesaid or by the signature of the Attorney-General, Solicitor- General or Director of Public Prosecutions of the country concerned.
(2)All courts and magistrates shall take judicial notice of the official seal and signature referred to in paragraphs (i) and (ii) of subsection (1) and shall admit any such document so authenticated in evidence without further proof.

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Source: Kenya Law