The International Crimes Act, 2008 articles 17 (1), 19 (2) (b), 95.) stitute an offence under Kenyan law; (c) either— (i) the conduct is being investigated or prosecuted in Kenya; or (ii) the conduct had been investigated in Kenya and a decision was made not to prosecute the person sought, that decision not being due to the unwillingness or genuine inability to prosecute; and www.kenyalaw.org (d) a challenge to the admissibility of the case is being or has been made to the ICC under paragraph 2 (b) of article 19 of the Rome Statute. (2) If this section applies, the Minister may postpone the execution of the request for surrender until the ICC has made its determination on admissibility. (3) If the ICC determines that the case is inadmissible, surrender shall be refused. (4) If the ICC determines that the case is admissible and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part. Other challenges to admissibility. (Cf. Rome statute, article 95.) 56. (1) If the ICC is considering an admissibility challenge under article 18 or article 19 of the Rome Statute, other than a challenge of the kind referred to in section 53 or section 55, the Minister may postpone the execution of a request under this Part pending a determination by the ICC. (2) If the ICC determines that the case is inadmissible, surrender shall be refused. (3) If the ICC determines that the case is admissible, and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part. Request from ICC and other State 57. If a request for surrender of a person is received 36