www.kenyalaw.org The International Crimes Act, 2008 reheard; (d) make any other order in relation to the determination that it thinks fit. (2) In hearing and determining the question or questions of law arising on any case transmitted to it, the Court of Appeal— (a) shall not have regard to any evidence of a fact or opinion that was not before the High Court when it made the determination appealed against; and (b) may in the same proceedings hear and determine any application for a writ of habeas corpus made in respect of the detention of the person whose surrender is sought. Further provisions relating to powers of court on appeal. 67. (1) If the appeal is against a determination that a person is eligible for surrender, and the Court of Appeal reverses the determination, the Court of Appeal shall also either— (a) discharge the person; or (b) remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard. (2) If the appeal is against a determination that a person is eligible for surrender in respect of two or more international crimes, and the Court of Appeal finds that the determination includes an error of law that relates to only one or some of those international crimes, the Court of Appeal may amend the determination and— (a) discharge the person in respect of that international crime or those international crimes; or (b) remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard in respect of that international crime or those international crimes. (3) Notwithstanding subsections (1) and (2), if an 42