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International Crimes Act

53. Previous proceedings against person sought

Edition: 2023-12-11 · In force

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53. Previous proceedings against person sought

(1)Where the person whose surrender is sought alleges that—
(a)the case is one to which paragraph 1 of article 20 of the Rome Statute applies (because it relates to conduct that formed the basis of crimes for which the person has been convicted or acquitted by the ICC); or
(b)the person has been tried by another court for conduct also proscribed under article 6, 7 or 8 of the Rome Statute and the case is not one to which paragraph 3(a) and (b) of article 20 of the Rome Statute applies, the Cabinet Secretary shall immediately consult with the ICC to determine if there has been a relevant ruling on admissibility under the Rome Statute.
(2)If the ICC has ruled that the case is admissible, surrender cannot be refused on the ground there have been previous proceedings.
(3)If the ICC has ruled that the case is inadmissible under article 20 of the Rome Statute, surrender shall be refused on the ground that there have been previous proceedings.
(4)If an admissibility ruling is pending, the Cabinet Secretary may postpone the execution of a request until the ICC has made a determination on admissibility.[Cf. Rome Statute, articles 20(1), 20(3), 89(2).]
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Source: Kenya Law