International Crimes Act

133. Cabinet Secretary to make removal order or issue certificate

Edition: 2023-12-11 · In force

133. Cabinet Secretary to make removal order or issue certificate

(1)If a transferee is not removed before or at the expiry of all periods of custody under section 132(2), the Cabinet Secretary shall either—

(a)make a removal order under section 148; or

(b)issue a certificate under section 145 giving the transferee temporary authority to remain in Kenya.

(2)Notwithstanding subsection (1), no removal order may be made under section 148 unless—

(a)the Cabinet Secretary first consults with the ICC; and

(b)it is not possible for the Cabinet Secretary and the ICC to reach agreement relating to the prompt removal of the transferee.

(3)The Cabinet Secretary shall not issue the certificate referred to in subsection (1)(b) unless the Cabinet Secretary is satisfied that, because of the special circumstances of the transferee, it would be inappropriate to make a removal order.

Enforcement of Sentences in Kenya

← Previous provision Next provision →

Source: Kenya Law