ADVOKS GLOBAL · KENYA
International Crimes Act
92. Director of Public Prosecutions may arrange for transfer
Edition: 2023-12-11 · In force
92. Director of Public Prosecutions may arrange for transfer
(1)The Director of Public Prosecutions may authorise the temporary transfer of a Kenyan prisoner to the ICC if he is satisfied that—(a)the prisoner has consented to giving the evidence or assistance requested; and(b)the ICC has given adequate assurances where appropriate.(2)If the Director of Public Prosecutions authorises the temporary transfer of the prisoner to the ICC, he may—(a)direct that the prisoner be released from the prison in which that person is detained, for the purpose of the transfer to the ICC; and(b)make arrangements for the prisoner to travel to the ICC in the custody of—(i)a member of the National Police Service;(iii)a person authorised for the purpose by the ICC.(3)A direction given by the Director of Public Prosecutions under subsection (2) in respect of a prisoner is sufficient authority for the release of the prisoner from the prison in which the prisoner is detained, for the purposes of the direction.(4)Every person released under a direction given under subsection (2) is to be treated, for the purposes of sections 122, 123 and 124 of the Penal Code (Cap. 63), (which relate to rescue or escape from lawful custody), as continuing to be in lawful custody while in Kenya during the period of that release.