www.kenyalaw.org
The International Crimes Act, 2008
conduct also proscribed under article 6, 7, or 8 of
the Rome Statute and the case is not one to which
paragraph 3 (a) and (b) of article 20 of the Rome
Statute applies,
the Minister shall immediately consult with the ICC to
determine if there has been a relevant ruling on
admissibility under the Rome Statute.
(2) If the ICC has ruled that the case is admissible,
surrender cannot be refused on the ground there have
been previous proceedings.
(3) If the ICC has ruled that the case is inadmissible
under article 20 of the Rome Statute, surrender shall be
refused on the ground that there have been previous
proceedings.
(4) If an admissibility ruling is pending, the Minister
may postpone the execution of a request until the ICC has
made a determination on admissibility.
Ongoing Kenyan
investigation or
proceedings
involving different
conduct.
(Cf. Rome Statute,
article 94.)
54. (1) Where the ICC makes a request for surrender
that would interfere with any investigation or proceedings
in Kenya involving different conduct, the Minister may,
after consultation with the ICC—
(a) proceed with the execution of the request in
accordance with section 52 (2), despite the
Kenyan investigation or proceedings; or
(b) postpone the execution of the request until the
Kenyan investigation or proceedings have been
finally disposed of.
(2) Nothing in this section limits or affects section 44
which allows the Minister, after consultation with the
ICC, to make a surrender order that comes into force at a
later date if a person is serving a sentence for a different
offence against Kenyan law.
Person being
prosecuted in
Kenya for same
conduct.
(Cf. Rome Statute,
55. (1) This section shall apply if—
(a) the ICC makes a request for surrender;
(b) the request relates to conduct that would con35
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات