PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Restrictions on Surrender
59.
(4) If section 57 applies, and the requesting State is not a party to the Rome Statute, and Kenya is under an international obligation to extradite the person to the requesting State, the Minister shall determine whether to surrender the person to the ICC or extradite the person to the requesting State.
Competing request - same conduct - State not Party - international obligation
EDIT.