Mutual Legal Assistance Act

49. Consultation in event of concurrent jurisdiction

Edition: 2023-09-15 · In force

49. Consultation in event of concurrent jurisdiction

(1)Where criminal proceedings are contemplated or pending in Kenya and a requesting state against the same person in respect of the same conduct, the states shall consider the appropriate venue for the proceedings to be taken in the interests of the proper administration of justice.

(2)In considering the appropriate venue for proceedings under subsection (1), account shall be taken of, but not limited to—

(a)location of the accused;

(b)location, protection and other interests of witnesses and third parties;

(c)interests of any victim and third parties;

(d)location of documents, exhibits and other relevant material;

(e)availability and nature of sanctions in the event of conviction;

(f)capability to address sensitive or confidential information or material;

(g)delay;

(h)evidential problems;

(i)confiscation and proceeds of crime;

(j)resources and costs;

(k)any other issue of public interest.

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Source: Kenya Law