ADVOKS GLOBAL · KENYA
Extradition (Contiguous and Foreign Countries) Act
25. Taking of evidence in Kenya for foreign criminal matters
Edition: 2023-09-15 · In force
25. Taking of evidence in Kenya for foreign criminal matters
(1)Subject to section 24(2), the Cabinet Secretary may, by order, require a magistrate to take evidence for the purpose of any criminal matter pending in any court or tribunal in any other country.(2)A magistrate, upon the receipt of an order made under this section, shall take down in writing the evidence of every witness appearing before him for the purpose in like manner as if the witness appeared in a preliminary inquiry and shall certify at the foot of the deposition so taken that the evidence was taken before him, and shall transmit it to the Cabinet Secretary.(3)The evidence may be taken in the presence or absence of the person charged, if any, and the fact of the presence or absence shall be stated in the deposition.(4)Any person may, after payment or tender to him of a reasonable sum for his costs and expenses in this behalf, be compelled, for the purposes of this section, to attend and give evidence and answer questions and produce documents in like manner and subject to like conditions as he may in the case of a trial for an offence.