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

Enforcement of Sentences in Kenya

136.

(2) On arrival in Kenya or, if the person is already inKenya when the sentence is imposed, on the imposition of
the sentence, the ICC prisoner shall be detained in accordance with the Prisons Act as if the prisoner had been sentenced to imprisonment under Kenyan law.

(3) Notwithstanding subsection (2) and any other enactment—
(a) the ICC prisoner has the right to communicate on a confidential basis with the ICC, without impediment from any person; and
(b) a Judge of the ICC or a member of the staff of the ICC may visit the ICC prisoner for the purpose of hearing any representations by the prisoner without the presence of any other person, except any representative of the prisoner;

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

Enforcement of Sentences in Kenya

138. (1) The administration of a sentence of imprisonment imposed by the ICC that is served in Kenya, including any decision to release or transfer the ICC prisoner, shall be undertaken in accordance with Part 10 of the Rome Statute and the ICC Rules.
(2) If, in relation to the administration of a sentence of imprisonment that is served in Kenya by an ICC prisoner, there is any inconsistency between the provisions of thePenal Code or the Prisons Act and the provisions of the Rome Statute and the ICC Rules, the provisions of thatStatute and those Rules shall prevail.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.