ADVOKS GLOBAL · KENYA
Mutual Legal Assistance Act
6. Functions of Central Authority
Edition: 2023-09-15 · In force
6. Functions of Central Authority
(1)The functions of the Central Authority shall include—(a)transmitting and receiving requests for legal assistance and executing or arranging for the execution of such requests;(b)ensuring that requests for legal assistance conform to the requirements of law and Kenya’s international obligations;(c)where necessary, certifying or authenticating, or arranging for the certification and authentication of, any documents or other material supplied in response to a request for legal assistance;(d)taking practical measures to facilitate the orderly and rapid disposition of requests for legal assistance;(e)negotiating and agreeing on conditions related to requests for legal assistance, as well as to ensuring compliance with those conditions;(f)making any arrangements deemed necessary in order to transmit the evidentiary material gathered in response to a request for legal assistance to a requesting state or to authorize any other authority to do so;(g)carrying out such other tasks as provided for by this Act or which may be necessary for effective legal assistance to be provided or received.(2)For the purposes of this Act, legal assistance means mutual legal assistance in criminal matters and includes, but is not limited to—(a)identifying and locating of persons for evidential purposes;(c)effecting service of judicial documents;(d)executing searches and seizures;(e)examining objects and sites;(f)providing, including formal production where necessary, originals or certified copies of relevant documents and records, including but not limited to government, bank, financial, corporate or business records;(g)providing information, evidentiary items and expert evaluations;(h)facilitating the voluntary attendance of witnesses or potential witnesses in a requesting state;(i)facilitating the taking of evidence through video conference;(j)effecting a temporary transfer of persons in custody to appear as a witness;(k)interception of items during the course of carriage by a public postal service;(l)identifying, freezing and tracing proceeds of crime;(m)the recovery and disposal of assets;(n)preserving communications data;(o)interception of telecommunications;(p)conducting covert electronic surveillance;(q)any other type of legal assistance or evidence gathering that is not contrary to Kenyan law.