PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Surrender and Temporary Surrender
46. (1) The Minister shall review whether it is appropriate for a person who has been surrendered to the ICC under a temporary surrender order to be returned to Kenya in accordance with undertakings received from the ICC, if the person is convicted by the ICC of an international crime and sentenced to imprisonment.
(2) The Minister may determine that he no longer requires the undertaking relating to return to be complied with and, if so, shall inform the ICC without delay.
47. (1) The Minister may make a surrender order in relation to a person who was surrendered to the ICC under a temporary surrender order if—
(a) the person has been convicted by the ICC of an international crime and sentenced to imprison¬ment;
(b) the person is returned to Kenya in order for the Kenyan proceedings or sentence to be completed; and
(c) the ICC, at any time before the person ceases to be the subject of Kenyan proceedings or ceases to be liable to be detained in a Kenyan prison, requests that, when he ceases to be the subject of such proceedings or ceases to be so liable, the person be surrendered to serve the sentence imposed by the ICC.
(2) An order under subsection (1) shall not be made unless the Minister has determined, in accordance with section 43, that the person is to be surrendered.
(3) If a surrender order is made under this section, the order takes effect on the same day that the person ceases to be subject to the Kenyan proceedings or ceases to be liable to be detained in a Kenyan prison.
Person sought for different crime
EDIT.