The International Crimes Act, 2008 Request from ICC and other State relating to different conduct. (Cf. Rome Statute, article 90 (7).) 60. (1) If a request for surrender of a person is received from the ICC and a request for the extradition of that person is received from one or more States for conduct other than that which constitutes the crime for which the ICC seeks the person’s surrender, the Minister shall determine whether the person is to be surrendered to the ICC or to the requesting State. (2) I f Kenya is not under an existing international obligation to extradite the person to the requesting State, priority shall be given to the request from the ICC. www.kenyalaw.org (3) If Kenya is under an existing international obligation to extradite the person to the requesting State, the Minister shall determine whether to surrender the person to the ICC or to extradite the person to the requesting State. (4) In making the determination under subsection (3), the Minister shall consider all the relevant factors, including those matters specified in section 59, but shall give special consideration to the relative seriousness of the offences for which surrender is sought. Notification of decision on extradition to requesting State. (Cf. Rome Statute, article 90 (8).) Cap. 77. Cap. 76. 61. (1) If, following notification under article 90 of the Rome Statute, the ICC has determined that a case is inadmissible and the Minister subsequently refuses extradition of the person to the requesting State under the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, as the case may be, the Minister shall notify the ICC of this decision. (2) The obligation in this section is in addition to the requirement in section 26 for the Minister to respond formally to the request from the ICC. Conflict with obligations to another State. (Cf. Rome Statute, article 98.) 62. (1) Where— (a) the ICC makes a request for surrender; (b) the ICC has not previously made a final determination on whether or not article 98 of the Rome Statute applies to that request; and 39