www.kenyalaw.org The International Crimes Act, 2008 relating to same conduct. (Cf. Rome Statute, article 90 (1).) from the ICC and one or more States also request the extradition of the person for the same conduct that forms the basis of the crime for which the ICC seeks the person’s surrender, the Minister— (a) shall notify the ICC and the requesting State of that fact; and Cap. 77 Cap. 76. Procedure where competing request from State Party. (Cf. Rome Statute, article 90 (2).) (b) shall determine, in accordance with section 58 or section 59, but without regard to any provision of the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, whether the person is to be surrendered to the ICC or to the requesting State. 58. (1) If section 57 applies and the requesting State is a party to the Rome Statute, priority shall be given to the request from the ICC if— (a) the ICC has, under article 18 or article 19 of the Rome Statute, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or (b) the ICC makes such a determination after receiving notification of the competing request. (2) If the request is one to which subsection (1) (b) relates, then, pending the ICC’s determination— Cap. 77. Cap. 76. (a) the steps required to be taken under the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, as the case may be, in relation to a request for extradition may continue to be taken; and (b) no person may be surrendered under the relevant Act unless and until the ICC makes its decision on admissibility and determines that the case is inadmissible. Procedure where competing request from non-State 59. (1) If section 57 applies and the requesting State is not a party to the Rome Statute, priority shall be given to 37