The International Crimes Act, 2008 (a) is not entitled to bail as of right; and (b) shall not be permitted to go at large without bail. (3) If the High Court remands the person on bail, the Court may impose any conditions of bail it thinks fit. (4) Without limiting the factors it may take into account in making a decision to grant bail, the High Court shall have regard to the following— (a) the gravity of the alleged crimes; (b) whether there are urgent and exceptional circumstances that favour the grant of bail; and www.kenyalaw.org (c) whether necessary safeguards exist to ensure that Kenya can fulfil its duty under the Rome Statute to surrender the person to the ICC. (5) In making a decision to grant bail, the High Court shall not be concerned to inquire whether any warrant of arrest or judgment issued by the ICC was properly issued in accordance with the Rome Statute. Procedure for bail. (Cf. Rome Statute, article 59 (2)-(6).) 36. (1) If an application for bail is made, the Minister shall notify the ICC, which may make recommendations to the Minister, which shall be conveyed to the High Court. (2) Before rendering its decision, the High Court shall consider any recommendations that the ICC has made, including any recommendations on measures to prevent the escape of the person. (3) If the person is granted bail, the Minister shall, if the ICC requests, provide periodic reports to the ICC on the person’s bail status. (4) This section shall apply, with any necessary modifications, to any bail application made during the period until the person is surrendered to the ICC or discharged according to law. 22