International Crimes Act

104. Facilitating provision of records and documents

Edition: 2023-12-11 · In force

104. Facilitating provision of records and documents

(1)Where the ICC makes a request under paragraph 1(i) of article 93 of the Rome Statute for the provision of records and documents, including official records and documents, the Director of Public Prosecutions 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 Director of Public Prosecutions 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 Director of Public Prosecutions.

(3)This section does not confer on any person power to require the production of a document or record.[Cf. Rome Statute, article 93 (1)(i)][Act No. 19 of 2023, Sch.]

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Source: Kenya Law