www.kenyalaw.org The International Crimes Act, 2008 Power to detain ICC prisoners in Kenya prisons if ICC holds sitting in Kenya. (Cf. Rome Statute, article 63.) 166. (1) A person in Kenya shall be kept in custody as the Minister directs in writing if— (a) the ICC holds any sitting in Kenya; and (b) the ICC requests that the person whose presence is required at the proceedings be held in custody as an ICC prisoner while the sitting continues in Kenya. (2) A direction given under subsection (1) in respect of an ICC prisoner is sufficient authority for the detention of that prisoner in accordance with the terms of the direction. Cap. 90. Cap. 63. Removal of ICC prisoner. (3) If an ICC prisoner is directed to be detained in a prison under subsection (1), the prisoner shall be treated in conformity with international human rights law and the Prisons Act, so far as applicable and with all necessary modifications, shall apply with respect to that prisoner as if the prisoner had been remanded in custody or sentenced to imprisonment for an offence against the law of Kenya, as the case may require, and is liable to be detained in a prison under such an order or sentence. (4) For the purposes of sections 122, 123 and 124 of the Penal Code, (which relate to rescue or escape from lawful custody), an ICC prisoner who is in custody in a Kenyan prison or other detention facility shall be deemed to be in lawful custody while in Kenya. 167. If the Minister is satisfied that the presence of an ICC prisoner who was the subject of a direction under section 166 (1) is no longer necessary, sections 145 to 151 shall apply, with any necessary modifications, to that person. PART X—R EQUESTS TO ICC FOR ASSISTANCE Attorney-General or Minister may request assistance from ICC. (Cf. Rome Statute, article 93 (1).) 168. The Attorney-General or the Minister, as the case may be, may make a request to the ICC for assistance in accordance with this Part in an investigation into, or trial in respect of, conduct that may constitute a crime within the jurisdiction of the ICC or that constitutes a crime for 99