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

29. (1) If a request for surrender is received, other
than a request for provisional arrest referred to in section 28 (2), the Minister shall, if satisfied that the request is supported by the information and documents required by article 91 of the Rome Statute, notify a Judge of the High Court in writing that it has been made and request that the Judge issue a warrant for the arrest of the person whose surrender is sought.

(2) If a notice is sent to a Judge under subsection (1), the Minister shall also send to the Judge a copy of the request and supporting documents.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

30. (1) After receiving a request under section 29,
the Judge-may issue a warrant in the prescribed
form for the arrest of the person if the Judge is
satisfied on the basis of information presented to
him that—
(a) the person is or is suspected of being in Kenya or may come to Kenya; and
(b) there are reasonable grounds to believe that that person is the person to whom the request for surrender from the ICC relates.
(2) The Judge shall give reasons for the issue or refusal to issue a warrant under subsection (1)

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

31. (1) The Minister may at any time, apply to High Court for the cancellation of the warrant.

(2) If under this section the High Court orders the cancellation of a warrant, the warrant ceases to have effect and any person arrested under the warrant shall be released, unless the person is otherwise liable to be detained in custody.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Remand and Bail

35. (1) A person arrested on a warrant issued
under section 30 or section 32 shall, unless
sooner discharged be brought before the High
Court as soon as possible.

(2) The person—
(a) is not entitled to bail as of right; and
(b) shall not be permitted to go at large without bail.

(3) If the High Court remands the person on bail, the Court may impose any conditions of bail it thinks fit.
(4) Without limiting the factors it may take into account in making a decision to grant bail, the High Court shall have regard to the following—
(a) the gravity of the alleged crimes;
(b) whether there are urgent and exceptional circumstances that favour the grant of bail; and
(c) whether necessary safeguards exist to ensure that Kenya can fulfil its duty under the Rome Statute to surrender the person to the ICC.
(5) In making a decision to grant bail, the High Court shall not be concerned to inquire whether any warrant of arrest or judgment issued by the ICC was properly issued in accordance with the Rome Statute.

Article 59
Arrest proceedings in the custodial State
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.