PART VII—PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of Sentences in Kenya

144. (1) Where—
(a) an ICC prisoner serving a sentence in another State escapes from custody and is located in Kenya; and
(b) the State designated by the ICC as the State of enforcement of the sentence makes a request to Kenya for extradition in accordance with article 111 of the Rome Statute,
the provisions of the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, as the case may require, shall, with any necessary modifications, apply to a request for extradition as if the request related to a person who had been convicted of an extradition offence or extradition crime within the meaning of the relevant Act.

(2) Where—
(a) an ICC prisoner serving a sentence in Kenya escapes from custody and is located in another State; and
(b) the Minister wishes to make a request to that State for the person's extradition in accordance with article 111, the Minister may make a request for the prisoner's extradition under the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, and the relevant Act shall, with any necessary modifications, apply as if the request related to a person who had been convicted of an extradition offence or extradition crime within the meaning of the relevant Act.