AGADVOKS GLOBALKENYA · ENGLISH
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International Crimes Act

114. Competing requests

Edition: 2023-12-11 · In force

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114. Competing requests

(1)If the Director of Public Prosecutions receives competing requests for assistance from the ICC and from another State to which Kenya is under an obligation to respond, he shall endeavour, after consultation with the ICC and the other State, to satisfy both requests.
(2)For the purposes of subsection (1), the Director of Public Prosecutions may do either or both of the following—
(a)postpone the execution of either of the competing requests;
(b)attach conditions to the provision of assistance under either or both of the requests.
(3)If it is not possible to resolve the issue by consultation, the method of dealing with the competing requests shall be resolved in accordance with article 90 of the Rome Statute, and sections 57 to 61 shall apply, with any necessary modifications.[Cf. Rome Statute, articles 90, 93(9)(a)][Act No. 19 of 2023, Sch.]
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Source: Kenya Law