PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Provisional Arrest in Certain Cases
34. (1) If a person has been arrested on a Provisional arrest warrant issued under section 32, the following provisions shall apply—
(a) the hearing of the proceedings shall not proceed until the High Court receives from the Minister a notice in writing stating that a request for the surrender of the person has been transmitted to the Minister in the manner specified in section 21;
(b) pending the receipt of the notice from the Minister, the proceedings may from time to time be adjourned;
(c) the High Court shall set a date by which the notice is to be transmitted to it, and in so doing shall have regard to—
(i) any provision in the ICC Rules that prescribes the maximum period for transmission by the ICC of the request and supporting documents to the requested State;
(ii) if there is no such provision, the time it is likely to take for the ICC to prepare and transmit the request and supporting documents to Kenya;
(iii) the time it is likely to take for the Minister to consider the request after receipt and for the notice to be transmitted to the High Court;
(d) if the High Court does not receive the notice within the time fixed by the Court under paragraph (c), and does not extend that time under subsection (2), the High Court shall discharge the person.
(2) The High Court may, from time to time, in its discretion, extend any time fixed by it under subsection
(1)(c).
Provisional arrest for ICC proceedings - national procedures
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