www.kenyalaw.org The International Crimes Act, 2008 (2) The High Court or the Court of Appeal may order that the person who is the subject of the determination continue to be detained or, as the case may be, issue a warrant for the arrest and detention of the person, pending the determination of the appeal if— (a) the High Court makes a determination under section 39; and (b) either party files a notice of appeal against the determination. (3) If a person is detained under an order made under this section or is arrested and detained under a warrant issued under this section, sections 35 to 38 shall apply, with any necessary modifications, to the detention of the person as if the appeal proceedings were proceedings under section 39 to determine whether or not the person is eligible for surrender. Waiver of rights to apply for habeas corpus or to lodge appeal. 65. Without limiting the operation of section 41, a person whose surrender is sought may, by a waiver in the prescribed form, waive the following rights— (a) the right to make an application for a writ of habeas corpus within fifteen days after the issue of a warrant of detention; and (b) the right, in relation to any international crime or crimes for which the High Court has determined that the person is eligible for surrender, to lodge an appeal under this Part. Powers of court on appeal. 66. (1) The Court of Appeal shall hear and determine the question or questions of law arising on any case transmitted to it, and do one or more of the following things— (a) reverse, confirm, or amend the determination in respect of which the case has been stated; (b) remit the determination to the High Court f o r reconsideration together with the opinion of the Court of Appeal on the determination; (c) remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be 41