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 59

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