www.kenyalaw.org The International Crimes Act, 2008 (3) Before making a temporary surrender order, the Minister may seek undertakings from the ICC relating to one or more of the following matters— (a) the return of the person to Kenya; (b) the custody of the person while travelling to and from and while in the ICC’s jurisdiction; (c) such other matters, if any, that the Minister thinks appropriate. Decision to return to Kenya after trial. 46. (1) The Minister shall review whether it is appropriate for a person who has been surrendered to the ICC under a temporary surrender order to be returned to Kenya in accordance with undertakings received from the ICC, if the person is convicted by the ICC of an international crime and sentenced to imprisonment. (2) The Minister may determine that he no longer requires the undertaking relating to return to be complied with and, if so, shall inform the ICC without delay. Request to return to ICC after temporary surrender. 47. (1) The Minister may make a surrender order in relation to a person who was surrendered to the ICC under a temporary surrender order if— (a) the person has been convicted by the ICC of an international crime and sentenced to imprisonment; (b) the person is returned to Kenya in order for the Kenyan proceedings or sentence to be completed; and (c) the ICC, at any time before the person ceases to be the subject of Kenyan proceedings or ceases to be liable to be detained in a Kenyan prison, requests that, when he ceases to be the subject of such proceedings or ceases to be so liable, the person be surrendered to serve the sentence imposed by the ICC. (2) An order under subsection (1) shall not be made unless the Minister has determined, in accordance with section 43, that the person is to be surrendered. 30