www.kenyalaw.org The International Crimes Act, 2008 PART IV—ARREST AND S URRENDER OF PERSONS TO ICC Request for Arrest and Surrender 28—Request for arrest and surrender. 29—Minister to request issue of arrest warrant. 30—Issue of arrest warrant. 31—Cancellation of warrant. Provisional Arrest in Certain Cases 32—Provisional arrest warrant. 33—Notice to be given to Minister. 34—Procedure where provisional arrest warrant issued. Remand and Bail 35—Procedure following arrest. 36—Procedure for bail. 37—Powers of High Court. 38—Detention in place other than prison. Eligibility for Surrender 39—Determination of eligibility for surrender. 40—Adjournment of hearing. 41—Surrender by consent. 42—Procedure following determination on eligibility or consent to surrender. Surrender and Temporary Surrender 43—Minister to determine whether person to be surrendered. 44—Surrender order may take effect at later date. 45—Temporary surrender to ICC. 46—Decision to return to Kenya after trial. 47—Request to return to ICC after temporary surrender. 48—Kenyan sentences continue to run. 49—Form and execution of surrender order or temporary surrender order. 50—Surrender to State of enforcement. Restrictions on Surrender 51—Refusal of surrender. 52—Postponement of execution of request for surrender. 53—Previous proceedings against person sought. 54—Ongoing Kenyan investigation or proceedings involving different conduct. 55—Person being prosecuted in Kenya for same conduct. 56—Other challenges to admissibility. 57—Request from ICC and other State relating to same conduct. 58—Procedure where competing request from State Party. ii