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

Enforcement of Sentences in Kenya

134. (1) The Minister may advise the ICC that Kenya is willing to allow persons who are ICC prisoners as a result of being sentenced to imprisonment by the ICC to serve those sentences in Kenya, subject to any specified conditions.

(3) Before providing advice under subsection (1) or subsection (2), the Minister shall consult with—
(a) the Commissioner of Police;
(b) the permanent secretary in the Ministry respon¬sible for prisons; and
(c) the permanent secretary in the Ministry respon¬sible for labour.

(4) If advice is given under subsection (1), the Minister may, at any time, advise the ICC that Kenya is no longer willing to allow ICC prisoners to serve their sentences in Kenya.

(5) Any advice given under subsection (4) does not affect the enforcement of sentences for which the Minister has accepted the designation of the ICC under section 135 (1) (c).

135. (1) This section and sections 136 to 151 shall apply if—
(a) the Minister has given advice under section 134 (1) and has not withdrawn that advice under section 134(4);
(b) the ICC imposes a sentence of imprisonment on a person—

(i) convicted of an international crime; or
(ii) convicted of an offence against the admin¬istration of justice; and
(c) the ICC designates Kenya, under article 103 of the Rome Statute, as the State in which the sentence is to be served.

(2) If the Minister accepts the designation, the Minister shall issue an order for detention in the prescribed form, and forward that order and any information about the person supplied by the ICC to each of the following persons—

(a) the Commissioner of Police;
(b) the permanent secretary in the Ministry respon¬sible for prisons; and
(c) the permanent secretary in the Ministry respon¬sible for labour.
(3) The Minister may, at any time, ask the ICC to give one or more of the following assurances—

(a) that all or part of the transportation costs incurred by Kenya in the enforcement of the sentence will
be met by the ICC;
(b) that the ICC will arrange for the transportation of the ICC prisoner who is the subject of the designation—

(i) to Kenya, for the purpose of enabling his sentence to be enforced in Kenya; or
(ii) from Kenya, on the completion of the sentence, or if the ICC prisoner is to be transferred to another country;
(c) an assurance relating to such other matters as the Minister thinks appropriate.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.