sentenced to imprisonment by the ICC; or

the subject of a request by the ICC under section 166(1)(b) to be held in custody during a sitting of the ICC in Kenya;

a reference to a request by the ICC for assistance includes a reference to a request by the ICC for co-operation;

a reference to a request by the ICC for assistance under a specified provision or in relation to a particular matter includes a reference to a request by the ICC for co-operation under that provision or in relation to that matter;

a reference to a sentence of imprisonment imposed by the ICC includes a reference to a sentence of imprisonment extended by the ICC (whether for the non-payment of a fine or otherwise);

a reference to a sentence of imprisonment imposed by the ICC for an international crime or an offence against the administration of justice includes a reference to a sentence of imprisonment imposed by the ICC for non-payment of a fine that was a penalty for that crime or offence, as the case may be.

the making of requests by the ICC to Kenya for assistance and the method of dealing with those requests;

the conduct of an investigation by the Prosecutor or the ICC;

the bringing and determination of proceedings before the ICC;

the enforcement in Kenya of sentences of imprisonment or other measures imposed by the ICC, and any related matters;

the making of requests by Kenya to the ICC for assistance and the method of dealing with those requests.

Part 2 (which relates to jurisdiction, admissibility, and applicable law);

Part 3 (which relates to general principles of criminal law);

articles 51 and 52 (which relate respectively to the Rules of Procedure and Evidence, and Regulations of the Court);

Part 5 (which relates to the investigation and prosecution of crimes within the jurisdiction of the ICC);

Part 6 (which relates to the conduct of trials);

Part 7 (which relates to penalties);

Part 8 (which relates to appeals and revision of acquittals, convictions, or sentences);

Part 9 (which relates to international co-operation and judicial assistance);

Part 10 (which relates to the enforcement of sentences and other measures imposed by the ICC).

genocide;

a crime against humanity; or

a war crime, is guilty of an offence.

to be punished as for murder, if an intentional killing forms the basis of the offence; or

to imprisonment for life or for a lesser term, in any other case.

article 20 (which relates to crimes for which a person has previously been acquitted or convicted);

article 21 (which deals with the law applicable at proceedings at international level);

paragraph 2 of article 22 (which relates to principles of interpretation to be applied to the definition of crimes);

article 25 (which relates to principles of individual criminal responsibility);

article 26 (which relates to the exclusion of jurisdiction over persons under eighteen years);

article 28 (which relates to the responsibility of commanders and other superiors);

article 29 (which excludes any statute of limitations);

article 30 (which relates to the mental element of crimes);

article 31 (which specifies grounds for excluding criminal responsibility);

article 32 (which relates to mistakes of fact or law);

article 33 (which relates to superior orders and prescription of law).

the provisions of Kenyan law and the principles of criminal law applicable to the offence under Kenyan law shall apply; and

a person charged with the offence may rely on any justification, excuse, or defence available under the laws of Kenya or under international law:

a reference to the ICC were a reference to the Kenyan court exercising jurisdiction in respect of the proceedings; and

a reference to the Rome Statute included a reference to this Act.

the Kenyan Court exercising jurisdiction in the proceedings shall have regard to any elements of crimes adopted or amended in accordance with article 9 of the Rome Statute; and

provisions of the Penal Code (Cap. 63), to the extent of any inconsistency with the application of paragraph (a), shall not apply.

the act or omission constituting the offence is alleged to have been committed in Kenya; or

the person is, after commission of the offence, present in Kenya.

in respect of anything done or omitted, or to be done or omitted, by him in his official capacity; or

with intent to interfere in any other way with the administration of justice of the ICC, is guilty of an offence and liable on conviction to imprisonment for a term of not more than fourteen years.

in respect of anything done or omitted, or to be done or omitted, by him in his official capacity; or

with intent to interfere in any other way with the administration of justice of the ICC, is guilty of an offence and liable on conviction to imprisonment for a term of not more than fourteen years.

dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence; or

accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence.

whether or not the statement is made in judicial proceedings of the ICC; and

whether the statement is made by affidavit, solemn declaration or deposition or orally.

being a witness in any proceedings of the ICC, gives evidence with respect to any matter of fact or knowledge;

later, in any proceedings of the Court, gives evidence that is contrary to his previous evidence; and

in giving his evidence in either proceedings, does so with intent to mislead, is guilty of an offence and liable on conviction to imprisonment for a term of not more than two years, whether or not the prior or later evidence is true.

the act or omission constituting the offence is alleged to have been committed in Kenya or on board an aircraft or vessel which is registered in Kenya; or

at the time the offence is alleged to have been committed, the person was a Kenyan citizen or was employed by Kenya in a civilian or military capacity; or

the person is, after commission of the offence, present in Kenya.

in the case of a request for surrender—in the manner provided in Parts III and IV, which Parts shall apply with any necessary modifications and subject to any contrary provision in the Rome Statute or the ICC Rules;

in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order—in the manner provided in Parts III and VI, which Parts shall apply with any necessary modifications and subject to any contrary provision in the Rome Statute or the ICC Rules;

in the case of a request for transit—in the manner provided in sections 131 to 133 and 145 to 151, which sections shall apply with any necessary modifications and subject to any contrary provision in the Rome Statute or the ICC Rules; and

in the case of a request for any other type of assistance—in the manner provided in Parts III and V, which Parts (and, if applicable, Part VIII) shall apply with any necessary modifications and subject to any contrary provision in the Rome Statute or the ICC Rules.

limits the type of assistance that the ICC may request under the Rome Statute or the ICC Rules (whether in relation to the provision of information or otherwise); or

prevents the provision of assistance to the ICC otherwise than under this Act, including assistance of an informal nature.

in the case of a request to which Part IV applies, be transmitted to the Cabinet Secretary; or

in any other case, be transmitted to the Director of Public Prosecutions or a person authorised by the Director of Public Prosecutions to receive requests.

the diplomatic channel to the Cabinet Secretary responsible for foreign affairs; or

any other appropriate channel that Kenya may designate at the time it ratifies the Rome Statute or at any subsequent time in accordance with the ICC Rules.

made using any medium capable of delivering a written record; or

transmitted through the International Criminal Police Organisation or any other appropriate regional organisation, instead of through an authorised channel (as defined in section 21).

a request for assistance is received from the ICC that does not contain or is not accompanied by the appropriate information or the appropriate documents specified in articles 87, 91, 92, 93, or 96 of the Rome Statute;

the ICC has not provided sufficient information for a request for assistance to be executed;

execution of a request for assistance in its current form would require the breach of an existing treaty obligation to another State; or

for any other reason there are or may be difficulties with the execution of a request for assistance received from the ICC.

subject to conditions; or

at a later date or in an alternative manner.

the Director of Public Prosecutions;

the Cabinet Secretary;

every member of the National Police Service;

every prison officer; and

every employee of or contractor engaged by a Kenyan agency that is authorised to deal with the request.

refusing or postponing the execution of a request for surrender or other assistance by the ICC;

holding that a person is ineligible for surrender, transfer, or removal to the ICC or another State under this Act; or

holding that a person is not obliged to provide the assistance sought in a request by the ICC.

a person in respect of whom the Pre-Trial Chamber has issued a warrant of arrest under article 58 or article 60 of the Rome Statute for an international crime; or

a person who has been convicted by the ICC of an international crime.

arrest where a request for surrender is received (sections 29 to 31);

provisional arrest in urgent cases (sections 32 to 34);

remand and bail (sections 35 to 38);

eligibility for surrender (sections 39 to 42); and

surrender and temporary surrender (sections 43 to 50), shall have effect subject to sections 51 to 62 (which prescribe restrictions on surrender and the execution of a request for surrender).

the person is or is suspected of being in Kenya or may come to Kenya;

and

there are reasonable grounds to believe that that person is the person to whom the request for surrender from the ICC relates.

a warrant for the arrest of a person has been issued by the ICC or, in the case of a convicted person, a judgment of conviction has been given in relation to an international crime;

the person named in the warrant or judgment is or is suspected of being in Kenya or may come to Kenya; and

it is necessary or desirable for an arrest warrant to be issued urgently.

the hearing of the proceedings shall not proceed until the High Court receives from the Cabinet Secretary a notice in writing stating that a request for the surrender of the person has been transmitted to the Cabinet Secretary in the manner specified in section 21;

pending the receipt of the notice from the Cabinet Secretary, the proceedings may from time to time be adjourned;

if the High Court does not receive the notice within the time fixed by the Court under paragraph (c), and does not extend that time under subsection (2), the High Court shall discharge the person.

is not entitled to bail as of right; and

shall not be permitted to go at large without bail.

the gravity of the alleged crimes;

whether there are urgent and exceptional circumstances that favour the grant of bail; and

whether necessary safeguards exist to ensure that Kenya can fulfil its duty under the Rome Statute to surrender the person to the ICC.

at the place where the person is for the time being; or

at any other place that the Court considers appropriate, having regard to the risk or reason involved.

the person can be detained in a prison without risk to that person’s life or health;

the reason for not detaining the person in prison no longer applies; or

the person is surrendered or discharged according to law.

a warrant for the arrest of the person issued by the ICC or a judgment of conviction for an international crime given by the ICC has been produced to the High Court;

the Court is satisfied that the person is the person to whom the warrant or judgment relates;

the Court is satisfied that the person was arrested in accordance with the proper process as provided in paragraph 2(b) of article 59 of the Rome Statute; and

the Court is satisfied that the person’s rights were respected as provided in paragraph 2(c) of article 59 of the Rome Statute.

the person to whom the proceedings relate is not entitled to adduce, and the High Court is not entitled to receive, evidence to contradict an allegation that the person has engaged in conduct that constitutes the offence for which the surrender is sought; and

in the case of a person accused of an offence, nothing in this section requires evidence to be produced or given at the hearing to establish, according to the law of Kenya, that the trial of the person would be justified if the conduct constituting the offence had occurred within the jurisdiction of Kenya.

a document or documents containing a deficiency or deficiencies of relevance to the proceedings are produced; and

the High Court considers the deficiency or deficiencies to be of a minor character.

the person is before the Court when notification of the consent to surrender is given;

the person has been legally represented in the proceedings; and

the Court is satisfied that the person has freely consented to the surrender in full knowledge of its consequences.

the Cabinet Secretary may make a surrender order as if a request for surrender had been received; and

section 34(1)(a) shall not apply.

the High Court has determined in accordance with section 39 that a person is eligible for surrender; or

a person has consented to surrender to the ICC in accordance with section 41.

issue a warrant for the detention of the person in a prison or other place authorised in accordance with section 38, pending the surrender of the person to the ICC or his discharge according to law;

send to the Cabinet Secretary a copy of the warrant of detention and such report on the case as the court thinks fit;

inform a person to whom subsection (1) applies that the Cabinet Secretary is to determine whether to issue a surrender order before the person can be surrendered to the ICC; and

inform the person that if a surrender order is made and the person is not removed within two months, the person may apply to be discharged under section 69.

the Cabinet Secretary is satisfied that surrender of the person must be refused because a mandatory restriction on surrender specified in section 51 (1) applies;

the Cabinet Secretary is satisfied that one of the discretionary restrictions on surrender specified in section 51(2) applies and that it is appropriate in the circumstances that surrender be refused;

the Cabinet Secretary postpones the execution of a request for surrender in accordance with section 52; or

the Cabinet Secretary makes a temporary surrender order under section 45.

until the expiration of fifteen days after the date of the issue of the warrant of detention of that person under section 42(2)(a); or

if an appeal, or an application for review or habeas corpus in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, until after the date that the proceedings are finally determined and the result is that the person is eligible to be surrendered.

a person who has consented to surrender under section 41, whether before the High Court or subsequently by notice to the Cabinet Secretary; or

the request by the ICC for surrender relates to an international crime of which the person is accused;

after consultation by the Cabinet Secretary with the ICC, the ICC requests that the person be surrendered temporarily.

the return of the person to Kenya;

the custody of the person while travelling to and from and while in the ICC’s jurisdiction;

such other matters, if any, that the Cabinet Secretary thinks appropriate.

the person has been convicted by the ICC of an international crime and sentenced to imprisonment;

the person is returned to Kenya in order for the Kenyan proceedings or sentence to be completed; and

the ICC, at any time before the person ceases to be the subject of Kenyan proceedings or ceases to be liable to be detained in a Kenyan prison, requests that, when he ceases to be the subject of such proceedings or ceases to be so liable, the person be surrendered to serve the sentence imposed by the ICC.

there have been previous proceedings against the person and section 53 (3) applies;

the ICC determines that the case is inadmissible and section 55(3) or section 56(2) applies; or

section 62(2) applies.

there are competing requests from the ICC and a State that is not a party to the Rome Statute relating to the same conduct and section 59 (4) applies; or

there are competing requests from the ICC and a State that is not a party to the Rome Statute relating to different conduct and section 60 (3) applies.

a ruling on admissibility of the kind specified in section 53(1) or section 55 (1) or section 56 is pending before the ICC;

the request would interfere with an investigation or prosecution for a different offence against Kenyan law, as provided in section 54; or

a request of the kind referred to in section 62(1)(c) is made to the ICC.

does not affect the validity of any act that has been done or any warrant or order made under this Part before the decision was made.

discharge any order made under this Act; and

order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.

the case is one to which paragraph 1 of article 20 of the Rome Statute applies (because it relates to conduct that formed the basis of crimes for which the person has been convicted or acquitted by the ICC); or

the person has been tried by another court for conduct also proscribed under article 6, 7 or 8 of the Rome Statute and the case is not one to which paragraph 3(a) and (b) of article 20 of the Rome Statute applies, the Cabinet Secretary shall immediately consult with the ICC to determine if there has been a relevant ruling on admissibility under the Rome Statute.

proceed with the execution of the request in accordance with section 52(2), despite the Kenyan investigation or proceedings; or

postpone the execution of the request until the Kenyan investigation or proceedings have been finally disposed of.

the ICC makes a request for surrender;

the request relates to conduct that would constitute an offence under Kenyan law;

a challenge to the admissibility of the case is being or has been made to the ICC under paragraph 2(b) of article 19 of the Rome Statute.

the ICC has, under article 18 or article 19 of the Rome Statute, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or

the ICC makes such a determination after receiving notification of the competing request.

the steps required to be taken under the Extradition (Commonwealth Countries) Act (Cap. 77) or the Extradition (Contiguous and Foreign Countries) Act (Cap. 76), as the case may be, in relation to a request for extradition may continue to be taken; and

no person may be surrendered under the relevant Act unless and until the ICC makes its decision on admissibility and determines that the case is inadmissible.

Kenya is not under an international obligation to extradite the person to the requesting State; and

the ICC has determined under article 18 or article 19 of the Rome Statute that the case is admissible.

Kenya is not under an international obligation to extradite the person to the requesting State; and

the ICC has not yet determined under article 18 and article 19 of the Rome Statute that the case is admissible.

the respective dates of the requests;

the interests of the requesting State, including, if relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and

the possibility of subsequent surrender between the ICC and the requesting State.

the ICC makes a request for surrender;

the ICC has not previously made a final determination on whether or not article 98 of the Rome Statute applies to that request; and

a request is made to the ICC to determine whether or not article 98 of the Rome Statute applies to the request for surrender, the Cabinet Secretary may postpone the request for surrender until the ICC advises whether or not it intends to proceed with the request for surrender.

the High Court makes a determination under section 39; and

immediately after the High Court makes the determination, either party informs the High Court that the party intends to appeal against the determination.

the High Court makes a determination under section 39; and

either party files a notice of appeal against the determination.

reverse, confirm, or amend the determination in respect of which the case has been stated;

remit the determination to the High Court for reconsideration together with the opinion of the Court of Appeal on the determination;

remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard;

make any other order in relation to the determination that it thinks fit.

shall not have regard to any evidence of a fact or opinion that was not before the High Court when it made the determination appealed against; and

may in the same proceedings hear and determine any application for a writ of habeas corpus made in respect of the detention of the person whose surrender is sought.

discharge the person; or

remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard.

discharge the person in respect of that international crime or those international crimes; or

remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard in respect of that international crime or those international crimes.

exercise the powers of a High Court under section 42 as if it were the High Court (for which purpose subsection (2)(c) of that section shall not apply); or

if it remits the determination to the High Court, issue a warrant for the arrest and detention of the person pending the High Court’s reconsideration of the determination or rehearing of the proceedings to determine whether the person is eligible for surrender; and section 64 (3) shall apply to any warrant issued under this paragraph as if the warrant were issued under that section.

after the date of the issue of the warrant for the detention of the person under section 42 pending surrender, if no appeal or application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending;

if an appeal, or an application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, after the date that the proceedings are finally determined; or

if a surrender order is made under section 44, after the date that the order takes effect.

discharge the surrender order or temporary surrender order, as the case may be; and

order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.

an order is made under section 47; and

the person is not surrendered and conveyed out of Kenya under this Part within two months after the date that the person ceases to be liable to be detained under the sentence of imprisonment imposed by a Kenyan court, the person may apply to a Judge of the High Court to be discharged.

discharge the surrender order; and

order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.

the member of the National Police Service shall make a report to the Cabinet Secretary specifying the items seized and any other relevant information; and

the Cabinet Secretary shall, on receipt of the report referred to in paragraph (a), provide the ICC with a report on the seizure.

the thing is the subject of a dispute as to who is entitled to it;

the thing is required for the investigation of an offence within the jurisdiction of Kenya; or

possession of the thing by the person would be unlawful in Kenya.

the date on which the person was admitted to a prison or any other place to be held in custody in relation to the request;

the total period during which the person was detained in custody during the process leading to the surrender of the person to Kenya in relation to the offence or offences; and

whether the person was, at any time during the period in custody in relation to the surrender, also serving a sentence for an offence against Kenyan law.

a person is surrendered to the ICC under this Act; and

the ICC requests a waiver of the requirements of paragraph 1 of article 101 of the Rome Statute (which relates to the rule of speciality), the Cabinet Secretary may consent to the person being proceeded against, punished, or detained for conduct committed before surrender (not being the conduct or course of conduct that forms the basis of the crimes for which that person has been surrendered).

may request that additional information be provided in accordance with article 91 of the Rome Statute; and

may seek such assurances from the ICC as the Cabinet Secretary thinks fit.

the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and

the person to whom or thing to which the request relates is or may be in Kenya.

the Director of Public Prosecutions shall forward the request to the appropriate Kenyan agency; and

evidence be taken in Kenya; or

documents or other articles in Kenya be produced.

the request relates to an investigation being conducted by the Prosecutor or to any proceedings before the ICC; and

there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in Kenya.

certify that the evidence was taken by the Judge; and

ensure that the evidence, as certified, is sent to the Director of Public Prosecutions.

has the same privileges in relation to the answering of questions and the production of documents or articles as if the investigation were being conducted in Kenya or the proceedings were pending in a Kenyan court, as the case may be; and

shall be given a copy of any statement required to be given to a witness under the ICC Rules in the manner and form required by those Rules.

is given or made by or on behalf of the ICC; and

signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or

authenticated in any other manner authorised by the Rome Statute or the ICC Rules.

the person to whom the proceedings before the ICC or the investigation conducted by the Prosecutor relates;

any other person giving evidence or producing documents or other articles at the hearing;

a representative of the Prosecutor or ICC.

dispose of the matter; or

refer it back to the Registrar with such directions as the Judge thinks fit.

the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and

the person is or may be in Kenya.

he shall forward the request to the appropriate Kenyan agency; and

shall not be compelled to incriminate himself or herself or to confess guilt;

shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;

shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness;

shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in the Rome Statute; and

the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and

the person or body to be served is or may be in Kenya.

a summons requiring a person to appear as a witness; and

a summons to an accused that has been issued under paragraph 7 of article 58 of the Rome Statute.

the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and

the witness’s attendance is sought so that the witness can give evidence or information relating to the investigation or proceedings; and

the witness is or may be in Kenya.

that the witness will not be prosecuted, detained, or subjected to any restriction of personal freedom by the ICC in respect of all or any specified acts or omissions that occurred before the person’s departure from Kenya;

that the witness will be returned to Kenya as soon as practicable in accordance with arrangements agreed to by the Director of Public Prosecutions;

an assurance relating to such other matters as the Director of Public Prosecutions thinks appropriate.

the prospective witness has consented to giving the evidence or assistance requested; and

the ICC has given adequate assurances where appropriate.

approve and arrange the travel of the witness to the ICC;

take such other action for the purposes of subsection (1) as he thinks appropriate.

that the prisoner will not be released from custody without the prior approval of the Director of Public Prosecutions;

that the prisoner will be returned to Kenya without delay in accordance with arrangements agreed to by the Director of Public Prosecutions;

assurances relating to such other matters as he thinks appropriate.

the prisoner has consented to giving the evidence or assistance requested; and

the ICC has given adequate assurances where appropriate.

direct that the prisoner be released from the prison in which that person is detained, for the purpose of the transfer to the ICC; and

the prisoner is to be treated, while in custody outside Kenya in connection with the request, as being in custody for the purposes of the Kenyan sentence, which shall continue to run; and

advise the ICC of the date on which the prisoner was sentenced for the Kenyan offence; and

request the ICC to provide a certificate recording the total period during which the prisoner was detained outside Kenya in connection with the request until sentence was imposed for the Kenyan offence.

the ICC does not provide a certificate within a reasonable time after the Director of Public Prosecutions makes a request under subsection (1); and

the Director of Public Prosecutions is satisfied on such information that he has that an accurate calculation can be made of the period referred to in paragraph (b) of subsection (1).

he shall forward the request to the appropriate Kenyan agency; and

the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and

any thing relevant to the investigation or proceedings is or may be located in Kenya.

any thing on or in respect of which an international crime has been, or is suspected of having been, committed; or

anything that may be evidence as to the commission of any such crime, the Judge shall issue a warrant in respect of that thing.

to enter and search the place or thing specified in the warrant at any time by day or night during the currency of the warrant;

to use such assistants as may be reasonable in the circumstances for the purpose of the entry and search;

to use such force as is reasonable in the circumstances for the purposes of effecting entry, and for breaking open any thing in or on the place searched; and

to search for and seize any thing referred to in section 97(1).

the date and time of the execution of the warrant;

the identity of the person who executed the warrant; and

the thing seized under the warrant.

the Inspector-General of Police; or

a commissioned officer of police designated by the Inspector-General of Police to receive things seized under this Act.

inform the Director of Public Prosecutions, without delay, that the thing has been so delivered;

retain the thing for a period not exceeding three months from the day on which the thing was seized, pending the Director of Public Prosecutions’s direction under subsection (3) about how to deal with it; and

comply with any direction that the Director of Public Prosecutions gives him.

requiring the Commissioner or designated officer to send the thing to the ICC; or

requiring the Commissioner or designated officer to deal with it in some other way.

the ICC advises that the thing is not required for the Prosecutor’s investigation or its proceedings; or

no other direction is given by the Director of Public Prosecutions before the expiry of three months from the day on which the thing was seized.

the thing is the subject of a dispute as to who is entitled to it;

the thing is required for the investigation of an offence within the jurisdiction of Kenya; or

possession of the thing by the person would be unlawful in Kenya.

the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and

the document or record sought is or may be in Kenya.

he shall forward the request to the appropriate Kenyan agency; and

assistance under paragraph 1(j) of article 93 of the Rome Statute in protecting victims and witnesses or preserving evidence; or

assistance under paragraph 8 of article 19, or paragraphs 2 or 3 of article 56, in preserving evidence.

the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and

the assistance sought is not prohibited by Kenyan law.

the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and

the assistance sought is in accordance with Kenyan law.

consult with the ICC; and

consider whether the assistance can be provided subject to conditions or whether it can be provided at a later date or in an alternative manner.

the ICC does not accept the conditions suggested in order to implement the request as contemplated by paragraph 5 of article 93 of the Rome Statute and section 108(3);

the ICC determines under article 18 or article 19 of the Rome Statute that the case to which the request relates is inadmissible and section 113 (4) applies; or

section 115(4) applies.

Part VIII (which relates to the protection of national security or third party information) applies;

there are competing requests from the ICC and a State that is not a party to the Rome Statute relating to the same conduct and section 59 (4) (as applied by section 114) applies; or

there are competing requests from the ICC and a State that is not a party to the Rome Statute relating to different conduct and section 60 (3) (as applied by section 114) applies.

the execution of the request would interfere with an ongoing investigation or prosecution for a different offence and section 112 applies;

a ruling on admissibility is pending before the ICC and section 113 applies;

there are competing requests from the ICC and from another State to which Kenya is under an international obligation and section 114(2) (a) applies;

the request is for assistance under paragraph 1(l) of article 93 of the Rome Statute and is one to which section 108(3) applies; or

a request of the kind referred to in section 115(2)(c) is made to the ICC.