ADVOKS GLOBAL · KENYA
International Crimes Act
166. Power to detain ICC prisoners in Kenya prisons if ICC holds sitting in Kenya
Edition: 2023-12-11 · In force
166. Power to detain ICC prisoners in Kenya prisons if ICC holds sitting in Kenya
(1)A person in Kenya shall be kept in custody as the Cabinet Secretary directs in writing if—(a)the ICC holds any sitting in Kenya; and(b)the ICC requests that the person whose presence is required at the proceedings be held in custody as an ICC prisoner while the sitting continues in Kenya.(2)A direction given under subsection (1) in respect of an ICC prisoner is sufficient authority for the detention of that prisoner in accordance with the terms of the direction.(3)If an ICC prisoner is directed to be detained in a prison under subsection (1), the prisoner shall be treated in conformity with international human rights law and the Prisons Act (Cap. 90), so far as applicable and with all necessary modifications, shall apply with respect to that prisoner as if the prisoner had been remanded in custody or sentenced to imprisonment for an offence against the law of Kenya, as the case may require, and is liable to be detained in a prison under such an order or sentence.(4)or the purposes of sections 122, 123 and 124 of the Penal Code (Cap. 63), (which relate to rescue or escape from lawful custody), an ICC prisoner who is in custody in a Kenyan prison or other detention facility shall be deemed to be in lawful custody while in Kenya.