www.kenyalaw.org The International Crimes Act, 2008 (6) Subject to section 44, once the Minister has made a surrender order, the Minister shall ensure that the person is delivered up to the ICC without delay in accordance with this Act and any applicable ICC Rules. Surrender order may take effect at later date. (Cf. Rome Statute, article 89 (4).) 44. (1) This section shall apply if the Minister has determined under section 43 that in all other respects it is appropriate to make a surrender order, but the person is liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against the law of Kenya. (2) If this section applies, the Minister may, after consultation with the ICC, instead of making a surrender order that has immediate effect, or a temporary surrender order under section 45, make an order for the surrender of the person that is to come into effect when the person ceases to be liable to be detained. Temporary surrender to ICC. (Cf. Rome Statute, article 89 (4).) 45. (1) This section shall apply if— (a) the request by the ICC for surrender relates to an international crime of which the person is accused; (b) the Minister has determined under section 43 that in all other respects it is appropriate to make a surrender order but the person sought is either— (i) the subject of proceedings for a different offence against Kenyan law that has not been finally disposed of; or (ii) liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against the law of Kenya; and (c) after consultation by the Minister with the ICC, the ICC requests that the person be surrendered temporarily. (2) The Minister may make a temporary surrender order in respect of the person concerned. 29