ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
61. Transfer to Kenya of a person to assist in an investigation or proceedings
Edition: 2022-12-31 · In force
61. Transfer to Kenya of a person to assist in an investigation or proceedings
(1)The effect of a request under paragraph (c) of section 59 shall be to authorize the entry into and departure from Kenya of the person who is the subject of the request, as well as the presence of the person in Kenya for so long as required for the purposes of the request.(2)Where the person who is the subject of a request under paragraph (c) of Section 59 is in custody in the other country by virtue of a sentence or order of a court or tribunal exercising criminal jurisdiction, the effect of a request under that paragraph shall be to authorize the detention in custody of the person, in transit to and from Kenya, and while in Kenya at such places as the Director of Public Prosecutions may specify.(3)A person in Kenya pursuant to a request under subsection (1) of section 59 shall not—(a)be detained, prosecuted or punished for any offence that is alleged to have been committed, or was committed, prior to that person's departure from the requested country pursuant to the request;(b)be subjected to any civil suit in respect of any act or omission that is alleged to have occurred, or occurred, prior to that person's departure from the requested country pursuant to the request;(c)be required to give evidence or produce a document or thing which he could not be required to give or produce—(i)in any criminal proceeding in Kenya; or(ii)subject to the requesting country conceding any claim by the person to a privilege or immunity under the law of the requested country in any criminal proceedings in the requested country; or(d)be required to give evidence or produce a document or thing in any proceeding in Kenya other than the prceeding to which the request relates.