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The International Crimes Act, 2008
according to the law of Kenya, that the trial of the
person would be justified if the conduct
constituting the offence had occurred within the
jurisdiction of Kenya.
Adjournment of
hearing.
40. (1) The High Court may adjourn the hearing for
such period as it considers reasonable to allow a
deficiency or deficiencies to be remedied if—
(a) a document or documents containing a deficiency
or deficiencies of relevance to the proceedings are
produced; and
(b) the High Court considers the deficiency or
deficiencies to be of a minor character.
(2) Subsection (1) does not limit the circumstances in
which the High Court may adjourn a hearing.
Surrender by
consent.
(Cf. Rome Statute,
article 92 (3).)
41. (1) A person may at any time notify the High
Court that he consents to being surrendered to the ICC for
the international crime or crimes for which his surrender
is sought.
(2) The Court may accept the notification of consent
under subsection (1) if—
(a) the person is before the Court when notification of
the consent to surrender is given;
(b) the person has been legally represented in the
proceedings; and
(c) the Court is satisfied that the person has freely
consented to the surrender in full knowledge of its
consequences.
(3) Nothing in this Part prevents a person, in respect
of whom a determination of eligibility for surrender is
made by the High Court under section 39, from subsequently notifying the Minister that he consents to
surrender.
(4) A person arrested under a provisional warrant may
consent to surrender before a request for surrender is
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