The International Crimes Act, 2008
subsection (2) in respect of a prisoner is sufficient
authority for the release of the prisoner from the prison in
which the prisoner is detained, for the purposes of the
direction.
Cap. 63.
Effect of transfer
on prisoner’s
sentence.
(4) Every person released under a direction given
under subsection (2) is to be treated, for the purposes of
sections 1 2 2, 123 and 124 of the Penal Code, (which
relate to rescue or escape from lawful custody), as
continuing to be in lawful custody while in Kenya during
the period of that release.
93. (1) If a prisoner who is charged with or convicted
of an offence against the law of Kenya is transferred to
the ICC under section 92, the provisions of section 94
shall apply to any period that the person spends in
custody outside Kenya i n connection with the request
before sentence is imposed for the Kenyan offence.
(2) If a prisoner who is serving a sentence for a
Kenyan offence is transferred to the ICC under section
92—
(a) the prisoner is to be treated, while in custody
outside Kenya in connection with the request, as
being in custody for the purposes of the Kenyan
sentence, which shall continue to run; and
(b) the Attorney-General—
(i) may at any time notify the ICC that the
prisoner is no longer required to be kept in
custody; and
(ii) shall notify the ICC if the prisoner is no
longer liable to be detained in a Kenyan
prison.
Request for
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