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.
Arrest for ICC proceedings - national procedures
EDIT.