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International Crimes Act

54. Ongoing Kenyan investigation or proceedings involving different conduct

Edition: 2023-12-11 · In force

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54. Ongoing Kenyan investigation or proceedings involving different conduct

(1)Where the ICC makes a request for surrender that would interfere with any investigation or proceedings in Kenya involving different conduct, the Cabinet Secretary may, after consultation with the ICC—
(a)proceed with the execution of the request in accordance with section 52(2), despite the Kenyan investigation or proceedings; or
(b)postpone the execution of the request until the Kenyan investigation or proceedings have been finally disposed of.
(2)Nothing in this section limits or affects section 44 which allows the Cabinet Secretary, after consultation with the ICC, to make a surrender order that comes into force at a later date if a person is serving a sentence for a different offence against Kenyan law.[Cf. Rome Statute, article 94.]
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Source: Kenya Law