International Crimes Act

70. Discharge of person if not re-surrendered

Edition: 2023-12-11 · In force

70. Discharge of person if not re-surrendered

(1)If a person has been surrendered under a temporary surrender order made under section 45, nothing in section 69 prevents an order being made under section 47.

(2)Where—

(a)an order is made under section 47; and

(b)the person is not surrendered and conveyed out of Kenya under this Part within two months after the date that the person ceases to be liable to be detained under the sentence of imprisonment imposed by a Kenyan court, 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; 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.

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Source: Kenya Law