PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Finding Persons or Things, and Obtaining Evidence

80. (1) The applicable law with respect to compelling a person to appear before a Judge under section 78 or 79 and to give evidence or answer questions, or to produce documents or other articles, is the law specified in sub¬section (2), which law shall apply with any necessary modifications.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Finding Persons or Things, and Obtaining Evidence

81. (1) In this section, "evidence certificate" means a certificate or declaration that—
(a) is given or made by or on behalf of the ICC; and
(b) specifies or declares whether, under the Rome Statute or the ICC Rules, a specified person or class of persons could or could not be required to answer a specified question or to produce a specified document—
(i) generally;
(ii) in specified proceedings; or
(iii) in specified circumstances.

(2) An evidence certificate authenticated under subsection (3) is admissible in proceedings for the pur¬poses of the application of section 80 (4) as prima facie evidence of the matters stated in the certificate.
(3) A certificate is authenticated for the purposes of subsection (2) if it purports to be—

(a) signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the
ICC; or
(b) authenticated in any other manner authorised by the Rome Statute or the ICC Rules.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Finding Persons or Things, and Obtaining Evidence

82. (1) The following persons may appear and be legally represented at a hearing held under section 78 or 79—
(a) the person to whom the proceedings before the ICC or the investigation conducted by the Prosecutor relates;
(b) any other person giving evidence or producing documents or other articles at the hearing;
(c) a representative of the Prosecutor or ICC.

(2) This section shall have effect subject to any contrary provision of the Rome Statute or the ICC Rules.
(3) A certificate by a Judge under section 78 (2) or section 79 (2) shall state whether any of the persons specified in subsection (1) were present when the evidence was taken or the documents or other articles were produced.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Service of Documents and Appearance of Witnesses

87. (1) Where the ICC requests assistance under paragraph 8 of article 19, article 56, paragraph 7 of article 58, article 64 or paragraph 1 (e) of article 93 of the Rome Statute in facilitating the voluntary appearance of a witness before the ICC, the Attorney-General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and
(b) the witness's attendance is sought so that the witness can give evidence or information relating to the investigation or proceedings; and
(c) the witness is or may be in Kenya.

(2) In this section and sections 88 and 89, "witness" includes a person who may give expert evidence, but does not include a person who has been accused of an international crime in the proceedings to which the request related

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Service of Documents and Appearance of Witnesses

89. (1) The Attorney-General shall assist in the

making of arrangements to facilitate a witness’s
attendance before the ICC if he is satisfied that—

(a) the prospective witness has consented to giving
the evidence or assistance requested; and
(b) the ICC has given adequate assurances where
Appropriate.


(2) The Attorney-General shall —
(a) approve and arrange the travel of the witness to
the ICC;
(b) obtain such approvals, authorities, and permissions as are required for that purpose, including, in the case of a person who although not liable to be detained in a prison is subject to a sentence—

(i) the variation, discharge, or suspension of the conditions of the person's release from prison; or
(ii) the variation or suspension of the person's sentence, or of the conditions of the person's sentence; and
(c) take such other action for the purposes of subsection (1) as he thinks appropriate.

PART IV – REQUEST FOR SPECIFIC FORMS OF LEGAL ASSISTANCE

15. Attendance of witness in requesting state

(1) A request under this Act may seek legal assistance in facilitating personal appearance as a witness before a court exercising jurisdiction in a requesting state.

(2) In making a request under subsection (1), a requesting state shall apply to the Central Authority at least thirty days prior to the date of appearance.

(3) In the event of urgency, the Central Authority may accept a shorter period of notice.

(4) The request under this section shall specify—
(a) the subject matter upon which it is desired to examine the witness;
(b) the date on which the appearance of the witness is required;
(c) the reasons why personal appearance of the witness is required; and
(d) details of the travelling, subsistence and other expenses payable by a requesting state in respect of personal appearance of the witness.

(5) The Central Authority shall notify a person, in accordance with Kenyan law, whose appearance as a witness in a requesting state is desired, and shall—
(a) enquire whether the person agrees to appear;
(b) inform a requesting state of the answer; and
(c) if the person is willing to appear, make appropriate arrangements to facilitate personal appearance of the witness.

(6) A person whose appearance as a witness is the subject of a request may refuse to appear as a witness where Kenya law, either permits such a refusal or does not make him a compellable witness.

(7) Where a refusal is based on the grounds contained in subsection (6), the Central Authority shall provide a requesting state with a certificate setting out the relevant statutory provisions which permits such a refusal or does not make the witness a compellable witness under Kenyan law.

(8) A person served with summons to appear as a witness in a requesting state and who fails to comply with the summons shall not by reason thereof be liable to any penalty or measure of compulsion in either Kenya or the requesting state notwithstanding any contrary statement in the summons.