PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

52. (1) The Minister may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if, and only if -

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

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

55. (1) This section shall apply if—
(a) the ICC makes a request for surrender;
(b) the request relates to conduct that would constitute an offence under Kenyan law;
(c) either—

(i) the conduct is being investigated or prosec¬uted in Kenya; or


(ii) the conduct had been investigated in Kenya and a decision was made not to prosecute the person sought, that decision not being due to
the unwillingness or genuine inability to prosecute; and

(d) 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.

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

Restrictions on Provision of Assistance

109. (1) The Attorney-General shall refuse a request by the ICC for assistance to which this Part applies if—

(b) 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
(c) section 115 (4) applies.

Article 19
Challenges to the jurisdiction of the Court or the admissibility of a case
2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:
(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or
(c) A State from which acceptance of jurisdiction is required under article 12.