'Transportation and transit through State territory for surrender' in document 'Kenya - International Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART VII—PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Person in Transit

131.
(4) Notwithstanding subsection (3), the Minister shall not refuse a request for transit unless the Minister considers that transit through Kenya would impede or delay the surrender or transfer of the transferee.
(5) Notwithstanding subsection (3), no authorisation for transit is required if the transferee is transported by air and no landing is scheduled on Kenyan territory.

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

Article 89
Surrender of persons to the Court
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.