ADVOKS GLOBAL · KENYA
Mutual Legal Assistance Act
9. Content of request for legal assistance
Edition: 2023-09-15 · In force
9. Content of request for legal assistance
(1)Except in the case of a request for the preservation of communications data under section 31, a request under this Part shall—(a)have the official designation of the requesting authority;(b)have the legal basis of the request;(c)specify the nature of the criminal matter, the assistance requested and details of any particular procedure to be followed in compliance with the request;(d)indicate the purpose for which the evidence, information or any other material is sought;(e)indicate any time limit within which compliance with the request is desired, stating reasons;(f)whether or not criminal proceedings have been instituted;(g)where criminal proceedings have been instituted, contain the following information—(i)the court exercising jurisdiction in the proceedings;(ii)the identity of the accused person;(iii)the offence for which he stands accused, and a summary of the facts;(iv)the stage reached in the proceedings; and(v)any date fixed for further stages in the proceedings;(h)where criminal proceedings have not been instituted, state the offence which the Competent Authority has reasonable grounds to suspect has been, is being or will be committed with a summary of known facts;(i)provide assurance of reciprocity;(j)contain relevant documents and exhibits;(k)have the signature and official stamp of the requesting authority and the date of the request;(l)contain any other information relevant for the proper execution of the request.(2)A request for legal assistance and the documents in support thereof, as well as documents or other material supplied in response to such a request, may not require certification or authentication.