The International Crimes Act, 2008 (3) If a surrender order is made under this section, the order takes effect on the same day that the person ceases to be subject to the Kenyan proceedings or ceases to be liable to be detained in a Kenyan prison. www.kenyalaw.org Kenyan sentences continue to run. 48. (1) If a person who is subject to a sentence of imprisonment is released from a Kenyan prison under a surrender order made under section 43 or a temporary surrender order made under section 45, the person shall be treated, while in custody in connection with the request or the crime to which the request related, as the case may be (including custody outside Kenya), as being in custody for the purposes of the Kenyan sentence, which, subject to subsection (3), shall continue to run. (2) If, while a person is within the jurisdiction of the ICC under a temporary surrender order or surrender order, the person ceases to be liable to be detained in a Kenyan prison, the Minister shall inform the ICC that any undertakings relating to custody referred to in section 45 (3) (a) and section 45 (3) (b) no longer need to be complied with. (3) Nothing in this section affects the ICC’s power to direct that any sentence of imprisonment that it imposes shall be cumulative on a sentence imposed under Kenyan law. Form and execution of surrender order or temporary surrender order. 49. A surrender order made under section 43 or a temporary surrender order made under section 45 shall be in the prescribed form, if any, and shall— (a) specify all the international crimes in relation to which the person is being surrendered; (b) either— (i) require the person in whose custody the person to be surrendered is being held (if the person is being held in custody) to release the person to be surrendered into the custody of a member of the police force, or a prison officer; or (ii) if the person to be surrendered is on bail, 31