ADVOKS GLOBAL · KENYA
International Crimes Act
69. Discharge of person if not surrendered within two months
Edition: 2023-12-11 · In force
69. Discharge of person if not surrendered within two months
(1)This section shall apply if a person is not surrendered and conveyed out of Kenya under a surrender order or a temporary surrender order made under this Part within two months—(a)after the date of the issue of the warrant for the detention of the person under section 42 pending surrender, if no appeal or application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending;(b)if an appeal, or an application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, after the date that the proceedings are finally determined; or(c)if a surrender order is made under section 44, after the date that the order takes effect.(2)If this section applies, the person may apply to a Judge of the High Court to be discharged.(3)If an application to be discharged is made under subsection (2), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Cabinet Secretary, unless sufficient cause is shown against the discharge—(a)discharge the surrender order or temporary surrender order, as the case may be; and(b)order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.