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The International Crimes Act, 2008
Cancellation of
warrant.
31. (1) The Minister may at any time, apply to High
Court for the cancellation of the warrant.
(2) If under this section the High Court orders the
cancellation of a warrant, the warrant ceases to have
effect and any person arrested under the warrant shall be
released, unless the person is otherwise liable to be
detained in custody.
Provisional Arrest in Certain Cases
Provisional arrest
warrant.
(Cf. Rome Statute,
article 92)
32. (1) A J u d g e of the High Court may issue a
provisional warrant in the prescribed form for the arrest of
a person if the Judge is satisfied on the basis of the
information presented to him that—
(a) a warrant for the arrest of a person has been
issued by the ICC or, in the case of a convicted
person, a judgment of conviction has been given
in relation to an international crime;
(b) the person named in the warrant or judgment is or
is suspected of being in Kenya or may come to
Kenya; and
(c) it is necessary or desirable for an arrest warrant to
be issued urgently.
(2) A warrant may be issued under this section even
though no request for surrender has yet been made or
received from the ICC.
Notice to be given
to Minister.
33. (1) If a Judge issues a provisional arrest warrant
under section 32, the applicant for the warrant shall report
the issue of the warrant to the Minister without delay.
(2) The applicant shall include in the report to the
Minister a copy of the warrant issued by the ICC, or the
judgment of conviction, as applicable, and the other
documentary evidence that the applicant produced to the
Judge.
Procedure where
provisional arrest
warrant issued.
34. (1) If a person has been arrested on a provisional
arrest warrant issued under section 32, the following
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