ADVOKS GLOBAL · KENYA
International Crimes Act
135. Request for sentence to be served in Kenya
Edition: 2023-12-11 · In force
135. Request for sentence to be served in Kenya
(1)This section and sections 136 to 151 shall apply if—(a)the Cabinet Secretary has given advice under section 134(1) and has not withdrawn that advice under section 134(4);(b)the ICC imposes a sentence of imprisonment on a person—(i)convicted of an international crime; or(ii)convicted of an offence against the administration of justice;and(c)the ICC designates Kenya, under article 103 of the Rome Statute, as the State in which the sentence is to be served.(2)If the Cabinet Secretary accepts the designation, the Cabinet Secretary shall issue an order for detention in the prescribed form, and forward that order and any information about the person supplied by the ICC to each of the following persons—(a)the Inspector-General of Police;(b)the Principal Secretary in the Ministry responsible for prisons; and(c)the Principal Secretary in the Ministry responsible for labour.(3)The Cabinet Secretary may, at any time, ask the ICC to give one or more of the following assurances—(a)that all or part of the transportation costs incurred by Kenya in the enforcement of the sentence will be met by the ICC;(b)that the ICC will arrange for the transportation of the ICC prisoner who is the subject of the designation—(i)to Kenya, for the purpose of enabling his sentence to be enforced in Kenya; or(ii)from Kenya, on the completion of the sentence, or if the ICC prisoner is to be transferred to another country;(c)an assurance relating to such other matters as the Cabinet Secretary thinks appropriate.