www.kenyalaw.org The International Crimes Act, 2008 surrender. (Cf. Rome Statute, article 59 (2).) person is eligible for surrender in relation to the international crime or crimes for which surrender is sought. (2) Subsection (1) shall have effect subject to sections 34 and 41. (3) The person is eligible for surrender if— (a) a warrant for the arrest of the person issued by the ICC or a judgment of conviction for an international crime given by the ICC has been produced to the High Court; (b) the Court is satisfied that the person is the person to whom the warrant or judgment relates; (c) the Court is satisfied that the person was arrested in accordance with the proper process as provided in paragraph 2 (b) of article 59 of the Rome Statute; and (d) the Court is satisfied that the person’s rights were respected as provided in paragraph 2 (c) of article 59 of the Rome Statute. (4) Neither subsection (3) (c) nor subsection (3) (d) shall apply unless the person concerned puts the matter at issue. (5) Notwithstanding subsection (3), the person is not eligible for surrender if he satisfies the High Court that a mandatory restriction on the surrender of the person specified in section 51 (1) applies. (6) In any proceedings under this section— (a) the person to whom the proceedings relate is not entitled to adduce, and the High Court is not entitled to receive, evidence to contradict an allegation that the person has engaged in conduct that constitutes the offence for which the surrender is sought; and (b) in the case of a person accused of an offence, nothing in this section requires evidence to be produced or given at the hearing to establish, 24