www.kenyalaw.org The International Crimes Act, 2008 authorise any member of the police force to take the person into custody; (c) authorise the member of the police force or prison officer, as the case may be, to transport the person in custody and, if necessary or convenient, to detain the person in custody, for the purpose of enabling the person to be placed in the custody of a person who is, in the opinion of the Minister, duly authorised to receive the person to be surrendered in the name of and on behalf of the ICC; and (d) authorise the duly authorised person referred to in paragraph (c) to take the person to be surrendered into custody and transport the person out of Kenya as soon as practicable to the ICC, there to be dealt with according to law. Surrender to State of enforcement. (Cf. Rome Statute, article 111.) 50. (1) If a request for surrender relates to a convicted person who has escaped from custody and the ICC directs, under article 111 of t h e Rome Statute, that the person be delivered to the State in which the person was serving the sentence or to any other State designated by the ICC, the Minister shall arrange for the person to be delivered to the State specified in the direction. (2) In any case in which subsection (1) applies, the surrender order may specify that the person be surrendered into the custody of duly authorised representatives of the State specified in the direction. Restrictions on Surrender Refusal of surrender. 51. (1) The Minister shall refuse a request by the ICC for the surrender of a person if— (a) there have been previous proceedings against the person and section 53 (3) applies; (b) the ICC determines that the case is inadmissible and section 55 (3) or section 56 (2) applies; or (c) section 62 (2) applies. 32