ADVOKS GLOBAL · KENYA
International Crimes Act
132. Transferee to be held in custody
Edition: 2023-12-11 · In force
132. Transferee to be held in custody
(1)The transferee shall, during the period of transit, be detained in custody in accordance with subsection (2).(2)If the aircraft or ship that transports a transferee lands or calls at any place in Kenya—(a)the person holding the transferee in custody before the landing or call is made may hold the transferee in his custody or in police custody for a period not exceeding ninety-six hours; and(b)a High Court may, on the application of a member of the National Police Service, order that the transferee be held in custody for such further period or periods as the Court considers reasonably necessary to facilitate the transportation of the transferee to the ICC or to another State, as the case may be.(3)If an unscheduled landing occurs and the ICC is required under section 131(6) to submit a request for transit, the transferee shall be held in custody under subsection (2).(4)If subsection (3) applies, the period of detention of the transferee may not be extended beyond ninety-six hours from the time of the unscheduled landing, unless the request for transit from the ICC is received within that time.(5)If the High Court orders, under subsection (2)(b), that a transferee be held in custody, the transferee may be detained in a prison or any other place in which a person could be detained under section 38.