The International Crimes Act, 2008 Powers of High Court. 37. In proceedings under this Part, except as expressly provided in this Act or in regulations made under this Act, the High Court shall have the same jurisdiction and powers, and shall conduct the proceedings in the same manner, as if the person were charged with an offence alleged to have been committed within Kenyan jurisdiction. Detention in place other than prison. (Cf. Rome Statute, article 59 (5).) 38. (1) This section shall apply where the High Court orders the detention of a person at any time under this Part. www.kenyalaw.org (2) I f t h e High Court concludes that detaining the person in prison would risk the person’s life or health or be undesirable for any reason, the Court may order that the person be held in custody— (a) at the place where the person is for the time being; or (b) at any other place that the Court considers appropriate, having regard to the risk or reason involved. (3) The person may be held as specified in subsection (2) until— (a) the person can be detained in a prison without risk to that person’s life or health; (b) the reason for not detaining the person in prison no longer applies; or (c) the person is surrendered or discharged according to law. (4) In making the order specified in subsection (2), the High Court shall have regard to any recommendations that the ICC may make regarding the place of the person’s detention. Eligibility for Surrender Determination of eligibility for 39. (1) If a person is brought before a High Court under this Part, the Court shall determine whether the 23