www.kenyalaw.org The International Crimes Act, 2008 according to the law of Kenya, that the trial of the person would be justified if the conduct constituting the offence had occurred within the jurisdiction of Kenya. Adjournment of hearing. 40. (1) The High Court may adjourn the hearing for such period as it considers reasonable to allow a deficiency or deficiencies to be remedied if— (a) a document or documents containing a deficiency or deficiencies of relevance to the proceedings are produced; and (b) the High Court considers the deficiency or deficiencies to be of a minor character. (2) Subsection (1) does not limit the circumstances in which the High Court may adjourn a hearing. Surrender by consent. (Cf. Rome Statute, article 92 (3).) 41. (1) A person may at any time notify the High Court that he consents to being surrendered to the ICC for the international crime or crimes for which his surrender is sought. (2) The Court may accept the notification of consent under subsection (1) if— (a) the person is before the Court when notification of the consent to surrender is given; (b) the person has been legally represented in the proceedings; and (c) the Court is satisfied that the person has freely consented to the surrender in full knowledge of its consequences. (3) Nothing in this Part prevents a person, in respect of whom a determination of eligibility for surrender is made by the High Court under section 39, from subsequently notifying the Minister that he consents to surrender. (4) A person arrested under a provisional warrant may consent to surrender before a request for surrender is 25