PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Restrictions on Surrender
55. (1) This section shall apply if—
(a) the ICC makes a request for surrender;
(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
(d) a challenge to the admissibility of the case is being or has been made to the ICC under paragraph 2 (b) of article 19 of the Rome Statute.
(2) If this section applies, the Minister may postpone the execution of the request for surrender until the ICC has made its determination on admissibility.
Postponement of execution of ICC request
EDIT.