The International Crimes Act, 2008 appeal is against a determination that a person is eligible for surrender, and the Court of Appeal finds that there has been an error of law, it may nevertheless decline to reverse or amend the determination in respect of which the case has been stated if it considers that no substantial wrong or miscarriage of justice has occurred and that the determination ought to be upheld. (4) If the appeal is against a determination that a person is not eligible for surrender, and the Court of Appeal finds that the determination includes an error of law, the Court of Appeal may— www.kenyalaw.org (a) exercise the powers of a High Court under section 42 as if it were the High Court (for which purpose subsection (2) (c) of that section shall not apply); or (b) if it remits the determination to the High Court, issue a warrant for the arrest and detention of the person pending the High Court’s reconsideration of the determination or rehearing of the proceedings to determine whether the person is eligible for surrender; and section 64 (3) shall apply to any warrant issued under this paragraph as if the warrant were issued under that section. (5) Subsections (1), (2), and (4) do not limit the operation of section 66. Discharge of Person Discharge of person if Minister declines to order surrender. 68. If the Minister determines under section 43 that the person is not to be surrendered, the person shall b e discharged from custody immediately unless the person is subject to any other order for detention. Discharge of person if not surrendered within two months. 69. (1) This section shall apply if a person is not surrendered and conveyed out of Kenya under a surrender order or a temporary surrender order made under this Part within two months— (a) after the date of the issue of the warrant for the detention of the person under section 42 pending 43