PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

28.

(3) The provisions of this Part applying in respect of—
(a) arrest where a request for surrender is received (sections 29 to 31);
(b) provisional arrest in urgent cases (sections 32 to 34);
(c) remand and bail (sections 35 to 38);
(d) eligibility for surrender (sections 39 to 42); and
(e) 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).

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Remand and Bail

35.

(2) The person—
(a) is not entitled to bail as of right; and
(b) shall not be permitted to go at large without bail.

(3) If the High Court remands the person on bail, the Court may impose any conditions of bail it thinks fit.
(4) Without limiting the factors it may take into account in making a decision to grant bail, the High Court shall have regard to the following—
(a) the gravity of the alleged crimes;
(b) whether there are urgent and exceptional circumstances that favour the grant of bail; and
(c) whether necessary safeguards exist to ensure that Kenya can fulfil its duty under the Rome Statute to surrender the person to the ICC.
(5) In making a decision to grant bail, the High Court shall not be concerned to inquire whether any warrant of arrest or judgment issued by the ICC was properly issued in accordance with the Rome Statute.

36. (1) If an application for bail is made, the Minister shall notify the ICC, which may make recommendations to the Minister, which shall be conveyed to the High Court.
(2) Before rendering its decision, the High Court shall consider any recommendations that the ICC has made, including any recommendations on measures to prevent the escape of the person.
(3) If the person is granted bail, the Minister shall, if the ICC requests, provide periodic reports to the ICC on the person's bail status.
(4) This section shall apply, with any necessary mod¬ifications, to any bail application made during the period until the person is surrendered to the ICC or discharged according to law.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Eligibility for Surrender

42.

(3) If the High Court issues a warrant under subsection (2), the Court may grant bail to the person in accordance with section 35.

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.