ADVOKS GLOBAL · KENYA
Extradition (Commonwealth Countries) Act
2. Interpretation.
Edition: 2023-12-11 · In force
2. Interpretation.
(1)In this Act, unless the context otherwise requires—"application for habeas corpus" means an application for the issue of directions in the nature of habeas corpus under subsection (1) of section 389 of the Criminal Procedure Code (Cap. 75);"authority to proceed" means a written authority issued under subsection (1) of section 7;“Central Authority” has the meaning assigned to it under section 2 of the Mutual Legal Assistance Act (Cap. 75A);"country" includes any state, territory or other part of the country concerned;"the Court" means the Resident Magistrate’s Court;"designated Commonwealth country" means a country designated for the purposes of this Act under section 3;"extradition offence" has the meaning assigned thereto in section 4;"fugitive" means any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;"imprisonment" includes detention of any description by whatever name called;"overseas warrant" means a judicial or other document, issued under the law of a requesting country, authorizing the arrest of a person accused or convicted of an offence;"provisional warrant" means a warrant of arrest issued under paragraph (b) of subsection (1) of section 8 of this Act;"race" includes tribe;"request" means a request made under subsection (1) of section 7 of this Act by a designated Commonwealth country for the return of a fugitive, and"requesting country" means a country making the request;"surrender" means the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;"warrant of arrest" means a warrant issued under subsection (1) of section 8 of this Act;"warrant of surrender" means a warrant issued under subsection (1) of section 11.(2)For the purposes of this Act—(a)a person convicted of an offence in his absence shall be treated as a person accused of an offence;(b)a person shall be deemed not to have been convicted of an offence against the law of a requesting country where the conviction is, under that law, a conviction for contumacy, but a person so convicted for contumacy shall be deemed to be accused of an offence against that law.