PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Miscellaneous Provisions relating to Arrest and Surrender
72. (1) If a person is arrested on a warrant issued
under this Part, a member of the police force may, without further warrant, search the person arrested and may seize any thing, including any sum of money, found on him or in his possession if the member of the police force believes on reasonable grounds that the thing on the person or in his possession may be evidence as to the commission of any offence in relation to which the warrant to arrest was issued or for which the surrender of the person is sought by the ICC.
(2) If there is no suitable searcher available at the place where the search is to take place, the person to be searched may be taken to another place to be searched.
(3) Nothing in this section limits or affects the right at common law of a constable to search a person on that person's arrest or any statutory power conferred on a member of the police force.
(4) If any thing is seized under subsection (1) from the person arrested—
(a) the member of the police force shall make a report to the Minister specifying the items seized and any other relevant information; and
(b) the Minister shall, on receipt of the report referred to in paragraph (a), provide the ICC with a report on the seizure.
73. (1) If the Minister makes a surrender order or temporary surrender order under this Act, the Minister may also direct that any thing that was seized under section 72 that may be evidence of the offence the person is alleged to have committed or has committed be delivered with the person on his surrender to the ICC.
(2) If the person cannot be surrendered or temporarily surrendered by reason of the person's death or escape from custody, the Minister may direct that any thing that was seized under section 72 that may be evidence of the offence the person is alleged to have committed or has committed be delivered up to the ICC.
(3) If a person is discharged under this Act without being surrendered or temporarily surrendered, the Minister may direct that any thing seized under section 72 be returned to the person from whom it was seized.
(4) The Minister may refuse to direct that any thing referred to in subsection (1) or subsection (2) be delivered to the ICC if the thing is required for the investigation of an offence within the jurisdiction of Kenya.
(5) The Minister may refuse to direct that any thing referred to in subsection (3) be returned to the person if—
(a) the thing is the subject of a dispute as to who is entitled to it;
(b) the thing is required for the investigation of an offence within the jurisdiction of Kenya; or
(c) possession of the thing by the person would be unlawful in Kenya.
Search and seizure - national procedures for ICC proceedings
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