ADVOKS GLOBAL · KENYA
International Crimes Act
110. Postponement of execution of assistance
Edition: 2023-12-11 · In force
110. Postponement of execution of assistance
(1)The Director of Public Prosecutions may postpone the execution of a request for assistance under this Part if, and only if—(a)the execution of the request would interfere with an ongoing investigation or prosecution for a different offence and section 112 applies;(b)a ruling on admissibility is pending before the ICC and section 113 applies;(c)there are competing requests from the ICC and from another State to which Kenya is under an international obligation and section 114(2) (a) applies;(d)the request is for assistance under paragraph 1(l) of article 93 of the Rome Statute and is one to which section 108(3) applies; or(e)a request of the kind referred to in section 115(2)(c) is made to the ICC.(2)Even if a case is one to which subsection (1) applies, the Director of Public Prosecutions may decide not to postpone the execution of the request, and in that event the request shall be dealt with in accordance with this Part.(3)If the Director of Public Prosecutions postpones the execution of a request for assistance under this Part, the postponement may be for a reasonable time and may, if the Director of Public Prosecutions considers it desirable, be extended from time to time.