Kenya

The International Crimes Act 2008

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Miscellaneous Provisions relating to Arrest and Surrender

75. (1) Where—
(a) a person is surrendered to the ICC under this Act; and
(b) the ICC requests a waiver of the requirements of
paragraph 1 of article 101 of the Rome Statute (which relates to the rule of speciality),
the Minister may consent to the person being proceeded against, punished, or detained for conduct committed before surrender (not being the conduct or course of conduct that forms the basis of the crimes for which that person has been surrendered).
(2) The consent given under subsection (1) may relate to the person's surrender to another State.
(3) Before giving consent under subsection (1), the Minister—

(a) may request that additional information be provided in accordance with article 91 of the Rome Statute; and
(b) may seek such assurances from the ICC as the Minister thinks fit.

Keywords

Rule of speciality
Rule of speciality - waiver



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