PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

28.

(3) The provisions of this Part applying in respect of—
(a) arrest where a request for surrender is received (sections 29 to 31);
(b) provisional arrest in urgent cases (sections 32 to 34);
(c) remand and bail (sections 35 to 38);
(d) eligibility for surrender (sections 39 to 42); and
(e) surrender and temporary surrender (sections 43 to 50),
shall have effect subject to sections 51 to 62 (which prescribe restrictions on surrender and the execution of a request for surrender).

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—

(a) the Minister is satisfied that surrender of the person must be refused because a mandatory restriction on surrender specified in section 51 (1) applies;
(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;
(c) the Minister postpones the execution of a request for surrender in accordance with section 52; or
(d) the Minister makes a temporary surrender order under section 45.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Surrender and Temporary Surrender


47. (1) The Minister may make a surrender order in relation to a person who was surrendered to the ICC under a temporary surrender order if—
(a) the person has been convicted by the ICC of an international crime and sentenced to imprison¬ment;
(b) the person is returned to Kenya in order for the Kenyan proceedings or sentence to be completed; and
(c) the ICC, at any time before the person ceases to be the subject of Kenyan proceedings or ceases to be liable to be detained in a Kenyan prison, requests that, when he ceases to be the subject of such proceedings or ceases to be so liable, the person be surrendered to serve the sentence imposed by the ICC.

(2) An order under subsection (1) shall not be made unless the Minister has determined, in accordance with section 43, that the person is to be surrendered.
(3) If a surrender order is made under this section, the order takes effect on the same day that the person ceases to be subject to the Kenyan proceedings or ceases to be liable to be detained in a Kenyan prison.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

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

(c) section 62 (2) applies.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

54.

(2) Nothing in this section limits or affects section 44 which allows the Minister, after consultation with the ICC, to make a surrender order that comes into force at a later date if a person is serving a sentence for a different offence against Kenyan law.