PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Surrender and Temporary Surrender

43. (2) The Minister shall make a surrender order in respect of the person concerned unless—
(b) the Minister is satisfied that one of the discretionary restrictions on surrender specified in section 51 (2) applies and that it is appropriate in the circumstances that surrender be refused;

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

51. (2) The Minister may refuse a request by the ICC for
the surrender of a person if—

(a) there are competing requests from the ICC and a
State that is not a party to the Rome Statute
relating to the same conduct and section 59 (4)
applies;

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

59.
(5) In making the determination under subsection (4), the Minister shall consider all the relevant factors, including—

(a) the respective dates of the requests;
(b) the interests of the requesting State, including, if relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) the possibility of subsequent surrender between the ICC and the requesting State.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender


59.
(4) If section 57 applies, and the requesting State is not a party to the Rome Statute, and Kenya is under an international obligation to extradite the person to the requesting State, the Minister shall determine whether to surrender the person to the ICC or extradite the person to the requesting State.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

59.
(3) Notwithstanding subsection (2), no person may be surrendered under the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and For¬eign Countries) Act, as the case may be, unless and until the ICC makes its decision on admissibility and det¬ermines that the case is inadmissible.

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

Restrictions on Provision of Assistance

110. (1) The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if—

(c) there are competing requests from the ICC and from another State to which Kenya is under an international obligation and section 114 (2) (a) applies;

Article 90
Competing requests
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Curt, the
requested State may, at its discretion, proceed to deal with the request for extradition from the
requesting State.