International Crimes Act

57. Request from ICC and other State relating to same conduct

Edition: 2023-12-11 · In force

57. Request from ICC and other State relating to same conduct

If a request for surrender of a person is received from the ICC and one or more States also request the extradition of the person for the same conduct that forms the basis of the crime for which the ICC seeks the person’s surrender, the Cabinet Secretary —

(a)shall notify the ICC and the requesting State of that fact; and

(b)shall determine, in accordance with section 58 or section 59, but without regard to any provision of the Extradition (Commonwealth Countries) Act (Cap. 77) or the Extradition (Contiguous and Foreign Countries) Act (Cap.76), whether the person is to be surrendered to the ICC or to the requesting State.

[Cf. Rome Statute, article 90(1).]

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Source: Kenya Law