ADVOKS GLOBAL · KENYA
International Crimes Act
60. Request from ICC and other State relating to different conduct
Edition: 2023-12-11 · In force
60. Request from ICC and other State relating to different conduct
(1)If a request for surrender of a person is received from the ICC and a request for the extradition of that person is received from one or more States for conduct other than that which constitutes the crime for which the ICC seeks the person’s surrender, the Cabinet Secretary shall determine whether the person is to be surrendered to the ICC or to the requesting State.(2)If Kenya is not under an existing international obligation to extradite the person to the requesting State, priority shall be given to the request from the ICC.(3)If Kenya is under an existing international obligation to extradite the person to the requesting State, the Cabinet Secretary shall determine whether to surrender the person to the ICC or to extradite the person to the requesting State.(4)In making the determination under subsection (3), the Cabinet Secretary shall consider all the relevant factors, including those matters specified in section 59, but shall give special consideration to the relative seriousness of the offences for which surrender is sought.