PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Restrictions on Surrender
55. (1) This section shall apply if—
(b) the request relates to conduct that would constitute an offence under Kenyan law;
(c) either—
(i) the conduct is being investigated or prosec¬uted in Kenya; or
(ii) the conduct had been investigated in Kenya and a decision was made not to prosecute the person sought, that decision not being due to
the unwillingness or genuine inability to prosecute; and
EDIT.