PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Surrender and Temporary Surrender
45. (1) This section shall apply if—
(a) the request by the ICC for surrender relates to an
international crime of which the person is accused;
(b) the Minister has determined under section 43 that in all other respects it is appropriate to make a surrender order but the person sought is either—
(i) the subject of proceedings for a different offence against Kenyan law that has not been finally disposed of; or
(ii) liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against the law of Kenya; and
(c) after consultation by the Minister with the ICC, the ICC requests that the person be surrendered temporarily.
(2) The Minister may make a temporary surrender order in respect of the person concerned.
(3) Before making a temporary surrender order, the Minister may seek undertakings from the ICC relating to one or more of the following matters—
(a) the return of the person to Kenya;
(b) the custody of the person while travelling to and from and while in the ICC's jurisdiction;
(c) such other matters, if any, that the Minister thinks appropriate.
Person sought for different crime
Surrender - procedures
EDIT.