Practice Relating to Rule 158. Prosecution of War Crimes
Kenya’s Geneva Conventions Act (1968) provides:
(1) Any person, whatever his nationality, who, whether within or outside Kenya commits, or aids, abets or procures the commission by any other person of any grave breach of any of the [1949 Geneva] Conventions such as is referred to in [Article 50 of the 1949 Geneva Convention I, Article 51 of the 1949 Geneva Convention II, Article 130 of the 1949 Geneva Convention III and Article 147 of the 1949 Geneva Convention IV] is guilty of an offence and [shall be sentenced].
(2) Where an offence under this section is committed outside Kenya, a person may be proceeded against, indicted, tried and punished therefor in any place in Kenya, as if the offence had been committed in that place, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place.