'Reduction of national sentence following pre-trial detention - national proceedings' 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

Miscellaneous Provisions relating to Arrest and Surrender

74. (1) If the ICC requests the surrender of a person,
and that person is detained in a Kenyan prison or any
other place at any time pending surrender, the officer in charge of the prison or other place shall keep a record of the time spent in custody as if the person were charged with an offence against the law of Kenya and were on remand.

(2) The officer in charge shall, if requested, provide to the Minister a certificate recording—
(a) the date on which the person was admitted to a prison or any other place to be held in custody in relation to the request;
(b) the total period during which the person was detained in custody during the process leading to the surrender of the person to Kenya in relation to the offence or offences; and
(c) whether the person was, at any time during the period in custody in relation to the surrender, also serving a sentence for an offence against Kenyan law.

(3) The Minister shall provide to the ICC at the time of the surrender of the person, or as soon as possible after that, a certificate recording the information specified in subsection (2) and such other information relating to any period spent in custody in relation to the surrender as the ICC may request.