Mutual Legal Assistance Act

Section 1. Short title Section This Act may be cited as the Mutual Legal Assistance Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Central Authority" means an authority established under section 5 of this Act; "Competent Authority" means the Attorney-General of the Republic of Kenya, any criminal investigation agency established by law, or any other person designated as such by the Attorney-General by notice in the Gazette ; "communications" includes telecommunications and the transmission of an item through the public postal service ("any postal service which is offered or provided to the public, or to a substantial section of the public;") ; "communications data" includes— (a) traffic data ; (b) subscriber information ("any information that is held by a provider of a postal service or telecommunications service relating to subscribers to its services and by which a subscriber’s identity, affairs or personal particulars can be established, but does not include traffic data") ; (c) any information not falling within paragraph (a) or (b) that is held or obtained by the provider of a postal service or a telecommunications service ("a service provided to any person for transmitting and receiving telecommunications, being a serv...

Section 3. Scope of application Section apply to requests for legal assistance from any requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") or international entity ("any court or tribunal set up by an international instrument and includes any investigatory, prosecutorial or adjudicatory organ of such court or tribunal;") to which Kenya is obligated on the basis of a legal assistance agreement or not; and

Section 4. Limitations with respect to scope of application Section an agreement, arrangement or practice respecting co-operation between Kenya and a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") or international entity ("any court or tribunal set up by an international instrument and includes any investigatory, prosecutorial or adjudicatory organ of such court or tribunal;") or organization;

Section 5.Central Authority Section 5(1) There is established an authority to be known as the Central Authority ("an authority established underof this Act;") to perform functions specified in this Act. Section 5(2) The office of the Attorney-General shall be designated as the Central Authority ("an authority established underof this Act;") established under subsection (1) of this section.

Section 6. Functions ofCentral Authority Section 6(1)(a) transmitting and receiving requests for legal assistance and executing or arranging for the execution of such requests; Section 6(1)(b) ensuring that requests for legal assistance conform to the requirements of law and Kenya’s international obligations; Section 6(1)(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; Section 6(1)(d) taking practical measures to facilitate the orderly and rapid disposition of requests for legal assistance; Section 6(1)(e) negotiating and agreeing on conditions related to requests for legal assistance, as well as to ensuring compliance with those conditions; Section 6(1)(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 ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") or to authorize any other authority to do so; Section 6(1)(g) carrying out such...

Section 7. Request from Kenya Section 7(1) A request for legal assistance from Kenya shall be made by the Competent Authority ("the Attorney-General of the Republic of Kenya, any criminal investigation agency established by law, or any other person designated as such by the Attorney-General by notice in the;") . Section 7(2) A request made under subsection (1) may be initiated by any law enforcement agency, or prosecution or judicial authority competent under Kenyan law. Section 7(3) In the event of urgency or as permitted by any other written law, requests may be sent by direct transmission from a Competent Authority ("the Attorney-General of the Republic of Kenya, any criminal investigation agency established by law, or any other person designated as such by the Attorney-General by notice in the;") to a competent authority of a requested state ("a state being requested to provide legal assistance under the terms of this Act;") for execution subject to domestic law of the requested state ("a state being requested to provide legal assistance under the terms of this Act;") . Section 7(4) Where further information is required before a request under this section is executed, in so far...

Section 8. Incoming requests for legal assistance Section 8(1) A request from a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") shall be made in writing to the Central Authority ("an authority established underof this Act;") . Section 8(2) Upon receipt of the request under subsection (1), the Central Authority ("an authority established underof this Act;") shall as soon as is reasonably practicable acknowledge receipt of such request and forthwith transmit the same to the relevant competent authority. Section 8(3) For the purpose of subsection (1), "in writing" includes e-mail, facsimile or other agreed forms of electronic transmission provided that appropriate levels of security and authentication are put in place. Section 8(4) Subject to the provisions of this Act, the Competent Authority ("the Attorney-General of the Republic of Kenya, any criminal investigation agency established by law, or any other person designated as such by the Attorney-General by notice in the;") shall grant the legal assistance requested in subsection (1) as expeditiously as practicable. Section...

Section 9. Content of request for legal assistance Section 9(1)(a) have the official designation of the requesting authority; Section 9(1)(b) have the legal basis of the request; Section 9(1)(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; Section 9(1)(d) indicate the purpose for which the evidence, information or any other material is sought; Section 9(1)(e) indicate any time limit within which compliance with the request is desired, stating reasons; Section 9(1)(f) whether or not criminal proceedings have been instituted; Section 9(1)(g) the court exercising jurisdiction in the proceedings; Section 9(1)(g)(i) the court exercising jurisdiction in the proceedings; Section 9(1)(g)(ii) the identity of the accused person; Section 9(1)(g)(iii) the offence ("criminal conduct under the laws of Kenya;") for which he stands accused, and a summary of the facts; Section 9(1)(g)(iv) the stage reached in the proceedings; and Section 9(1)(g)(v) any date fixed for further stages in the proceedings; Section 9(1)(h) where criminal proceedings have not been instituted, state the offence ("...

Section 10. Postponement of the execution of request Section The Competent Authority ("the Attorney-General of the Republic of Kenya, any criminal investigation agency established by law, or any other person designated as such by the Attorney-General by notice in the;") may postpone the execution of the request if its immediate execution would interfere with an ongoing investigation or prosecution.

Section 11. Grounds for refusal Section the request relates to the prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Kenya would not have constituted an offence ("criminal conduct under the laws of Kenya;") under Kenyan law;

Section 12. Service of documents Section 12(1) A request under this Act may seek assistance in the service of documents relevant to a criminal matter . Section 12(2) The request made under subsection (1) shall be accompanied by the necessary documents to be served. Section 12(3)(a) any particular method stated in the request, unless such method is contrary to Kenyan law; or Section 12(3)(b) any method prescribed by Kenyan law for the service of documents in criminal proceedings. Section 12(4) The Central Authority ("an authority established underof this Act;") shall transmit to a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") a certificate or other proof as to the service of the documents or, if they have not been served, as to the reasons which have prevented service. Section 12(5)(a) the address of the person for whom the document is intended is unknown or uncertain; or Section 12(5)(b) the relevant law of a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") requi...

Section 13. Provision or production of Records Section 13(1) A request under this Act may seek the provision or production of any documents, records or other material relevant to a criminal matter arising in a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") . Section 13(2) Where documents or records requested under subsection (1) are not publicly available, the Competent Authority ("the Attorney-General of the Republic of Kenya, any criminal investigation agency established by law, or any other person designated as such by the Attorney-General by notice in the;") may provide copies of such documents, records or other material to the same extent and under the same conditions as applies to provision of such records to Kenya law enforcement agencies or prosecution or judicial authorities.

Section 14. Examination of witnesses Section 14(1) A request under this Act may seek assistance in the examination of witnesses. Section 14(2)(a) the names and addresses or the official designations of the witnesses to be examined; Section 14(2)(b) the questions to be put to the witnesses or the subject matter about which they are to be examined; Section 14(2)(c) whether it is desired that the witnesses be examined orally or in writing; Section 14(2)(d) whether it is desired that an oath be administered to the witnesses or, as Kenyan law allows, that they be required to make their solemn affirmation; Section 14(2)(e) any provisions of the law of the requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") as to privilege or exemption from giving evidence which appear especially relevant to the request; Section 14(2)(f) any special requirements as to the manner of taking evidence relevant to its admissibility in a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") ; and Sectio...

Section 15. Attendance of witness inrequesting state Section 15(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 ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") . Section 15(2) In making a request under subsection (1), a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") shall apply to the Central Authority ("an authority established underof this Act;") at least thirty days prior to the date of appearance. Section 15(3) In the event of urgency, the Central Authority ("an authority established underof this Act;") may accept a shorter period of notice. Section 15(4)(a) the subject matter upon which it is desired to examine the witness; Section 15(4)(b) the date on which the appearance of the witness is required; Section 15(4)(c) the reasons why personal appearance of the witness is required; and Section 15(4)(d) details of the travelling, subsistence and other expenses pay...

Section 16. Voluntary attendance of persons in custody Section 16(1) Subject to section 17 , a request under this Act may seek the temporary transfer of a person in custody in Kenya for purposes of identification, providing assistance in obtaining evidence for investigations or prosecutions or to appear as a witness before a court exercising jurisdiction in a requesting state. Section 16(2)(a) state the name of the person in custody; Section 16(2)(b) if possible, state the place of confinement of the person in custody; Section 16(2)(c) state the place to which the person in custody is sought to be transferred; Section 16(2)(d) specify the subject matter on which it is desired to examine the witness; Section 16(2)(e) state the reasons for which personal appearance of the witness is required; and Section 16(2)(f) specify the period of time at or before the expiration of which the person in custody is to be returned. Section 16(3) A statement of consent from the person in custody whose copy shall be made available to the Central Authority ("an authority established underof this Act;") shall be a prerequisite for the transfer. Section 16(4) A person in custody whose transfer is the sub...

Section 17. Exception for Kenyan citizens or young persons Section Section 16 shall not apply in respect of a person who, at the time the application is presented, is a Kenyan citizen or a child within the meaning of the Children Act ( Cap. 141 ).

Section 18. Search andseizure Section 18(1) A request under this Act may seek assistance in the search and seizure ("freezing coupled with the administration, control, possession, or management of the funds or other assets;") of property in Kenya. Section 18(2) The request made under subsection (1) shall specify the property to be searched and seized and shall contain, so far as is reasonably practicable, all information available to a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") which may be required to be adduced in an application under Kenyan law for any necessary warrant or authorization to effect the search and seizure ("freezing coupled with the administration, control, possession, or management of the funds or other assets;") . Section 18(3) Subject to the relevant law, the Competent Authority ("the Attorney-General of the Republic of Kenya, any criminal investigation agency established by law, or any other person designated as such by the Attorney-General by notice in the;") shall provide such certification as may be required by a requesting state ("a state requ...

Section 19. Lending of exhibits Section 19(1) A request under this Act may seek to have an exhibit that was admitted in evidence in a proceeding in respect of an offence ("criminal conduct under the laws of Kenya;") in a court in Kenya lent to a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") . Section 19(2)(a) contain a description of the exhibit requested to be lent; Section 19(2)(b) designate a person or class of persons to whom the exhibit is sought to be given; Section 19(2)(c) state the reasons for the request, as well as contain a description of any tests that are sought to be performed on the exhibit and a statement of the place where the tests will be performed; Section 19(2)(d) state the place to which the exhibit is sought to be removed; and Section 19(2)(e) specify a period of time at or before the expiration of which the exhibit is to be returned. Section 19(3)(a) description of the exhibit; Section 19(3)(b) description of any tests thereby authorized to be performed on the exhibit, as well as a statement of the place where the tests will be performed; and Sec...

Section 20. Presumption of continuity Section The burden of proving that an exhibit, lent to a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") pursuant to a request under section 19 and returned to Kenya, is not in the same condition as it was when the lending was made or that it was tampered with after the lending was made shall be on the party who makes that allegation and in the absence of that proof, the exhibit shall be deemed to have been continuously in the possession of an authorized person or authority.

Section 21. Defence request Section 21(1) Where criminal proceedings have been instituted in Kenya against a person, or where a person is joined in such proceedings as a third party, the Competent Authority ("the Attorney-General of the Republic of Kenya, any criminal investigation agency established by law, or any other person designated as such by the Attorney-General by notice in the;") may, on application to the court by either the said person or his legal representative, issue a request for legal assistance to a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") . Section 21(2) The fact that a request under subsection (1) originates from a person charged or his legal representative shall not be a ground for refusal by the Competent Authority ("the Attorney-General of the Republic of Kenya, any criminal investigation agency established by law, or any other person designated as such by the Attorney-General by notice in the;") to execute the request.

Section 22. Use of video conferencing technology Section A testimony, identification of a person or thing or any other form of legal assistance under this Part may be provided by use of video or audio transmission technology.

Section 23. Identification, tracing etc. Section 23(1) Kenya shall assist in proceedings involving the identification, tracing, freezing ("to prohibit the transfer, conversation, disposition, or movement of funds or other assets on the basis of, and for the duration of the validity of an action initiated by the appropriate authority or a court;") , seizure ("freezing coupled with the administration, control, possession, or management of the funds or other assets;") and confiscation of the proceeds and instruments of crime under its laws or any other arrangement to which Kenya may be bound in relation to a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") . Section 23(2)(a) details of the property in relation to which co-operation is sought; Section 23(2)(b) the connection, if any, between the property and the offences in respect of which the request is made; Section 23(2)(c) where known, details of any third party interests in the property; and Section 23(2)(d) a certified copy of the freezing ("to prohibit the transfer, conversation, disposition, or movement of funds or oth...

Section 24. Measures for asset recovery through international co-operation Section permit a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") to give effect to an order of confiscation issued by its competent court or authority;

Section 25. Refusal of co-operation Section In addition to the grounds of refusal set out in this Act, co-operation under this Part may be refused if a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") does not provide sufficient and timely evidence or if the property is of an insignificant value.

Section 26. Return and disposal of assets Section 26(1) Subject to the rights of third parties and in accordance with this Act or any other written law or any other arrangements to which Kenya is bound, property confiscated under the provisions of this Act shall be disposed of, including return to a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") , upon request. Section 26(2)(a) reasonably establish prior ownership of such property by a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") ; or Section 26(2)(b) consider damage likely to be caused to a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") if the property is not returned; or Section 26(2)(c) consider the need for compensation to the victims of the crime in a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is...

Section 27. Interception of telecommunications Section 27(1)(a) the interception and immediate transmission of telecommunications; or Section 27(1)(b) the interception, recording and subsequent transmission of telecommunications. Section 27(2)(a) Kenya and a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") needs the technical assistance of Kenya to intercept such communications ("telecommunications and the transmission of an item through the public postal service;") ; or Section 27(2)(b) Kenya and a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") communications ("telecommunications and the transmission of an item through the public postal service;") are capable of being intercepted; or Section 27(2)(c) a third state, which has been informed accordingly and a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") need the technical assistance of Kenya to intercept...

Section 28. Storedcommunications Section Nothing in this Part shall preclude a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") from making a request for legal assistance in accordance with Kenyan law for the provision of stored communications ("telecommunications and the transmission of an item through the public postal service;") .

Section 29. Interception of items during the course of carriage by apublic postal service Section For the purpose of a criminal investigation, a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") may, in accordance with the requirements of this Act or any other relevant law, make a request to Kenya for the interception of an item during the course of its carriage by a public postal service ("any postal service which is offered or provided to the public, or to a substantial section of the public;") and immediate transmission of the said item or a copy thereof.

Section 30. Bilateral or multilateral arrangements Section Nothing in this Part shall preclude any bilateral or multilateral arrangements for the purpose of facilitating the exploitation of present and future technical possibilities regarding the lawful interception of telecommunications.

Section 31. Preservation ofcommunications data Section 31(1) A requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") may request Kenya for the preservation of communications data ("the protection of communications data which already exists in a stored form from modification or deletion, or from anything that would cause its current quality or condition to change or deteriorate:") . Section 31(2) A request made under subsection (1) may be directly transmitted to Kenya and shall be executed in accordance with Kenyan law. Section 31(3)(a) specify the identity of the authority making the request; Section 31(3)(b) contain a brief description of the conduct under investigation; Section 31(3)(c) subscriber information ("any information that is held by a provider of a postal service or telecommunications service relating to subscribers to its services and by which a subscriber’s identity, affairs or personal particulars can be established, but does not include traffic data") ; Section 31(3)(c)(i) subscriber information ("any information that is held by a provider of a postal service or...

Section 32. Covert electronicsurveillance Section 32(1) A request may be made to Kenya from a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") for deployment of covert electronic surveillance ("covert surveillance carried out by or with an electronic surveillance device which transmits records or otherwise captures audio product or visual images, but does not include either surveillance by a tracking device which only provides the location or position, or the interception of telecommunications;") . Section 32(2) Covert electronic surveillance shall take place in accordance with the procedures provided for under Kenyan law. Section 32(3) Nothing in this section shall preclude a request for assistance involving surveillance , including the use of a tracking device, other than that provided for in this section.

Section 33. Foreign records Section 33(1) A record or a copy and any affidavit, certificate or other statement pertaining to the record made by a person who has custody or knowledge of the record sent to the Central Authority ("an authority established underof this Act;") by a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") in accordance with a Kenyan request, shall not be inadmissible in evidence in a proceeding with respect to which the court has jurisdiction by reason only that a statement contained in the record, copy, affidavit, certificate or other statement is hearsay or a statement of opinion. Section 33(2) For the purpose of determining the probative value of a record or copy admitted in evidence under this Act the court may examine the record or copy, receive evidence orally or by affidavit, including evidence as to the circumstances in which the information contained in the record or copy was written, recorded, stored or reproduced, and draw any reasonable inference from the form or content of the record or copy.

Section 34. Foreign things Section A thing and any affidavit, certificate or other statement pertaining to the thing made by a person in a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") as to the identity and possession of the thing from the time it was obtained until its sending to the Central Authority ("an authority established underof this Act;") by the a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") in accordance with a Kenyan request, are not inadmissible in evidence in a proceeding with respect to which the court has jurisdiction by reason only that the affidavit, certificate or other statement contains hearsay or a statement of opinion.

Section 35. Status of affidavit, certificate etc. Section 35(1) An affidavit, certificate or other statement mentioned in this Act shall be, in the absence of evidence to the contrary, proof of the statements contained without proof of the signature or official character of the person appearing to have signed the affidavit certificate or other statement. Section 35(2)(a) the party intending to produce it has given to the party against whom it is intended to be produced seven working days notice of that intention, accompanied by a copy of the record, copy, of the affidavit, certificate or other statement; Section 35(2)(b) in the case of a thing, the party intending to produce it has made it available for inspection by the party against whom it is intended to be produced for five days following a request by that party that it be made so available.

Section 36. Proof of service abroad Section The service of a document in a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") may be proved by affidavit of the person who served it.

Section 37. Special authorization to come to Kenya Section 37(1) Notwithstanding the provisions of the Kenya Citizenship and Immigration Act ( Cap. 170 ), the Cabinet Secretary responsible for immigration may, in order to give effect to a request of the Central Authority ("an authority established underof this Act;") , authorize a person in a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") , who is not eligible to be in Kenya, to come into Kenya at a place designated by the Cabinet Secretary responsible for home affairs and to go to and remain in a place in Kenya so designated for the period of time specified by the Cabinet Secretary responsible for home affairs. Section 37(2) The Cabinet Secretary responsible for immigration may subject an authorization under subsection (1) to any terms and conditions he deems necessary, vary the terms of an authorization and, in particular, may extend the period of time during which the person is authorized to remain in a place in Kenya. Section 37(3) A person to whom an authorization is granted under subsection (1) who is found in a pla...

Section 38. Immunities Section 38(1)(a) be detained, prosecuted or punished in Kenya for any offence ("criminal conduct under the laws of Kenya;") that is alleged to have been committed, or that was committed, before the person’s departure from a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") pursuant to the request; Section 38(1)(b) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, before the person’s departure from a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") pursuant to the request; or Section 38(1)(c) be required to give evidence in any proceeding in Kenya other than the proceeding to which the request relates, if any. Section 38(2)(a) the person has left Kenya; or Section 38(2)(b) the purpose to which the request relates; Section 38(2)(b)(i) the purpose to which the request relates; Section 38(2)(b)(ii) the purpose of giving evidence in a proceeding in Kenya certified by the Central Authorit...

Section 39. Privilege for foreign records Section 39(1) Subject to section 33 (2), a foreign record sent to the Central Authority by a requesting state in accordance with a Kenyan request shall be privileged and no person shall disclose to anyone the record or its purpose or the contents of the record, in compliance with the conditions on which it was so sent, it being made public or disclosed for the purpose of giving evidence. Section 39(2) A person in possession of a record referred to in subsection (1) shall not be required, in connection with any legal proceedings, to give evidence relating to any information that is contained in the record or to produce the record.

Section 40. Dual criminality and reciprocity Section Kenya shall adopt such measures as may be necessary to enable it to provide a wider scope of legal assistance to a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") in absence of dual criminality ("conduct which would constitute an offence under the laws of Kenya and requesting a requesting state;") and reciprocity.

Section 41. Rule of specialty Section A requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") shall not transmit to another party or use any information or evidence obtained in response to a request for legal assistance under this Act in connection with any matter other than the criminal matter specified in the request without the prior consent of Kenya.

Section 42. Confidentiality Section The confidentiality of a request and its contents and the information and materials supplied under this Act shall be maintained except for disclosure in the criminal matter specified in the request and where otherwise authorized by the other state.

Section 43. Fiscal offences Section Legal assistance shall not be refused solely on the grounds that the offence ("criminal conduct under the laws of Kenya;") amounts to an offence ("criminal conduct under the laws of Kenya;") of a fiscal nature or on the grounds of bank or other financial institution or Designated Non-Financial Business or Profession secrecy or confidentiality rules. [Act No. 10 of 2023 , Sch.]

Section 44. Language Section The documents in support of a request for legal assistance made under this Act shall be in English language.

Section 45. Costs Section 45(1) Ordinary costs of executing a request shall be borne by Kenya, unless otherwise determined by the Kenya and a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") . Section 45(2) If expenses of a substantial or extraordinary nature are or shall be required to execute the request, the parties shall consult in advance to determine the terms and conditions under which the request shall be executed as well as the manner in which the costs shall be borne.

Section 46. Applicable law Section The law of Kenya shall govern the procedure for complying with a request and the admissibility of evidence to be gathered under this Act.

Section 47. Transmission and return of material Section 47(1)(a) postpone the transmission of the material if it is required in connection with proceedings in that state, and in such a case shall provide certified copies of a document or record pending transmission of the original; or Section 47(1)(b) require a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") to agree to terms and conditions to protect third party interests in the material to be transmitted and may refuse to effect such transmission pending such agreement. Section 47(2) Where any document, record or property is transmitted in compliance with a request under this Act, it shall be returned to Kenya when it is no longer required in connection with the criminal matter specified in the request unless indicated that its return is not desired.

Section 48. Special co-operation Section the disclosure of such information might assist a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") in initiating or carrying out investigations, prosecutions or judicial proceedings; or

Section 49. Consultation in event of concurrent jurisdiction Section 49(1) Where criminal proceedings are contemplated or pending in Kenya and a requesting state ("a state requesting for legal assistance and may for the purposes of this Act include an international entity to which Kenya is obligated;") against the same person in respect of the same conduct, the states shall consider the appropriate venue for the proceedings to be taken in the interests of the proper administration of justice. Section 49(2)(a) location of the accused; Section 49(2)(b) location, protection and other interests of witnesses and third parties; Section 49(2)(c) interests of any victim and third parties; Section 49(2)(d) location of documents, exhibits and other relevant material; Section 49(2)(e) availability and nature of sanctions in the event of conviction; Section 49(2)(f) capability to address sensitive or confidential information or material; Section 49(2)(g) delay; Section 49(2)(h) evidential problems; Section 49(2)(i) confiscation and proceeds of crime ("any property, benefit or advantage that is wholly or partly obtained, derived or realised directly or indirectly as a result of the commission o...

Section 50. Principles of mutuality and reciprocity Section For the purposes of this Act, the principles of mutuality and reciprocity shall at all times be recognized.