PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Restrictions on Surrender
59. (1) If section 57 applies and the requesting State is not a party to the Rome Statute, priority shall be given to the request for surrender from the ICC if—
(a) Kenya is not under an international obligation to extradite the person to the requesting State; and
(b) the ICC has determined under article 18 or article 19 of the Rome Statute that the case is admissible.
Competing request - same conduct - State not Party - no international obligation - case admissible
EDIT.