ADVOKS GLOBAL · KENYA
Extradition (Commonwealth Countries) Act
10. Application for habeas corpus, etc.
Edition: 2023-12-11 · In force
10. Application for habeas corpus, etc.
(1)Where a fugitive is committed to custody under section 9, the court shall inform him of his right to make an application for habeas corpus and shall forthwith give notice of the committal to the Director of Public Prosecutions.(2)A fugitive shall not be surrendered—(a)in any case, until after the end of fifteen days beginning with the day on which the order for his committal to custody was made;(b)if an application for habeas corpus is made in his case, so long as proceedings on that application are pending.(3)On an application for habeas corpus, the High Court may, without prejudice to any other jurisdiction vested in it, order the fugitive to be discharged from custody if it appears to the High Court that—(a)by reason of the trivial nature of the offence of which he is accused or was convicted; or(b)by reason of the passage of time since he is alleged to have committed the offence or to have become unlawfully at large, as the case may be; or(c)because the accusation against him is not made in good faith in the interests of justice, it would, having regard to all the circumstances, be unjust or oppressive to surrender him.(4)On an application for habeas corpus, the High Court may receive additional evidence relevant to the exercise of its jurisdiction under section 6 or under subsection (3).