ADVOKS GLOBAL · KENYA
Mutual Legal Assistance Act
38. Immunities
Edition: 2023-09-15 · In force
38. Immunities
(1)Subject to subsection (2), where a person is in Kenya pursuant to a request made by the Central Authority the person shall not—(a)be detained, prosecuted or punished in Kenya for any offence that is alleged to have been committed, or that was committed, before the person’s departure from a requesting state pursuant to the request;(b)be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, before the person’s departure from a requesting state pursuant to the request; or(c)be required to give evidence in any proceeding in Kenya other than the proceeding to which the request relates, if any.(2)Subsection (1) shall cease to apply to a person if—(a)the person has left Kenya; or(b)the person has had the opportunity of leaving Kenya and has remained in Kenya otherwise than for—(i)the purpose to which the request relates;(ii)the purpose of giving evidence in a proceeding in Kenya certified by the Central Authority, in writing, to be a proceeding in which it is desirable that the person give evidence; or(iii)the purpose of giving assistance in relation to an investigation in Kenya certified by the Central Authority, in writing, to be an investigation in relation to which it is desirable that the person give assistance.