'Competing request - same conduct - State not Party - no international obligation - pending admissibility decision' in document 'Kenya - International Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

59.
(2) If section 57 applies and the requesting State is not a party to the Rome Statute, the request for extradition may continue to be dealt with if—
(a) Kenya is not under an international obligation to extradite the person to the requesting State; and
(b) the ICC has not yet determined under article 18 and article 19 of the Rome Statute that the case is admissible.

RELEVANT ROME STATUTE PROVISIONS

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.