International Crimes Act

51. Refusal of surrender

Edition: 2023-12-11 · In force

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51. Refusal of surrender

(1)The Cabinet Secretary shall refuse a request by the ICC for the surrender of a person if—

(a)there have been previous proceedings against the person and section 53 (3) applies;

(b)the ICC determines that the case is inadmissible and section 55(3) or section 56(2) applies; or

(c)section 62(2) applies.

(2)The Cabinet Secretary may refuse a request by the ICC for the surrender of a person if—

(a)there are competing requests from the ICC and a State that is not a party to the Rome Statute relating to the same conduct and section 59 (4) applies; or

(b)there are competing requests from the ICC and a State that is not a party to the Rome Statute relating to different conduct and section 60 (3) applies.

(3)The only grounds on which surrender to the ICC may be refused are those specified in this section and, if applicable, section 19(2), and no restrictions on surrender specified in the Extradition (Commonwealth Countries) Act (Cap. 77) or the Extradition (Contiguous and Foreign Countries) Act (Cap. 76) shall apply in relation to a request for surrender from the ICC.

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Source: Kenya Law