The International Crimes Act, 2008 under subsection (2), the ICC shall first transmit a request for transit in accordance with article 87 of the Rome Statute that contains the following information and documents— (a) a description of the transferee; (b) in the case of a person described in subsection (1) (a)— (i) a brief statement of the facts of the case and their legal characterisation; and (ii) a copy of the warrant for arrest and surrender; www.kenyalaw.org (c) in the case of a person described in subsection (1) (b), such information as the Minister may request about the reasons for the temporary transfer. (4) Notwithstanding subsection (3), the Minister shall not refuse a request for transit unless the Minister considers that transit through Kenya would impede or delay the surrender or transfer of the transferee. (5) Notwithstanding subsection (3), no authorisation for transit is required if the transferee is transported by air and no landing is scheduled on Kenyan territory. (6) If an unscheduled landing occurs on Kenyan territory, the Minister may require the ICC to submit a request for transit of the transferee under subsection (3) as soon as is reasonably practicable. Transferee to be held in custody. (Cf. Rome Statute, article 89 (3).) 132. (1) The transferee shall, during the period of transit, be detained in custody in accordance with subsection (2). (2) If the aircraft or ship that transports a transferee lands or calls at any place in Kenya— (a) the person holding the transferee in custody before the landing or call is made may hold the transferee in his custody or in police custody for a period not exceeding ninety-six hours; and (b) a High Court may, on the application of a member 82