ADVOKS GLOBAL · KENYA
International Crimes Act
142. Cabinet Secretary to make removal order or issue certificate
Edition: 2023-12-11 · In force
142. Cabinet Secretary to make removal order or issue certificate
(1)If an ICC prisoner is to complete his sentence in Kenya or to be released at the direction of the ICC while in Kenya and the prisoner is not a Kenyan citizen, the Cabinet Secretary shall, before the date of completion or release, either—(b)issue a certificate under section 145 giving the prisoner temporary authority to remain in Kenya.(2)The Cabinet Secretary shall not issue the certificate referred to in subsection (1)(b) unless the Cabinet Secretary is satisfied that—(a)because of the special circumstances of the ICC prisoner, it would be inappropriate to make a removal order; or(b)it is desirable to issue a certificate under section 145 in order to facilitate the processing of a request for extradition of the ICC prisoner, or the investigation of an offence, or to enable the prisoner to serve another sentence in Kenya, or for any other reason in the interests of justice.(3)This section shall have effect subject to section 143.