International Crimes Act

45. Temporary surrender to ICC

Edition: 2023-12-11 · In force

45. Temporary surrender to ICC

(1)This section shall apply if—

(a)the request by the ICC for surrender relates to an international crime of which the person is accused;

(b)the Cabinet Secretary has determined under section 43 that in all other respects it is appropriate to make a surrender order but the person sought is either—

(i)the subject of proceedings for a different offence against Kenyan law that has not been finally disposed of; or

(ii)liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against the law of Kenya; and

(c)after consultation by the Cabinet Secretary with the ICC, the ICC requests that the person be surrendered temporarily.

(2)The Cabinet Secretary may make a temporary surrender order in respect of the person concerned.

(3)Before making a temporary surrender order, the Cabinet Secretary may seek undertakings from the ICC relating to one or more of the following matters—

(a)the return of the person to Kenya;

(b)the custody of the person while travelling to and from and while in the ICC’s jurisdiction;

(c)such other matters, if any, that the Cabinet Secretary thinks appropriate.

[Cf. Rome Statute, article 89(4).]

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Source: Kenya Law