International Crimes Act

62. Conflict with obligations to another State

Edition: 2023-12-11 · In force

62. Conflict with obligations to another State

(1)Where—

(a)the ICC makes a request for surrender;

(b)the ICC has not previously made a final determination on whether or not article 98 of the Rome Statute applies to that request; and

(c)a request is made to the ICC to determine whether or not article 98 of the Rome Statute applies to the request for surrender, the Cabinet Secretary may postpone the request for surrender until the ICC advises whether or not it intends to proceed with the request for surrender.

(2)If the ICC advises that it does not intend to proceed with the request, surrender shall be refused.

(3)If the ICC advises that it intends to proceed with the request for surrender, and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part.[Cf. Rome Statute, article 98.]

Appeals against Determinations of Eligibility for Surrender

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Source: Kenya Law