www.kenyalaw.org The International Crimes Act, 2008 of the police force, order that the transferee be held in custody for such further period or periods as the Court considers reasonably necessary to facilitate the transportation of the transferee to the ICC or to another State, as the case may be. (3) If an unscheduled landing occurs and the ICC is required under section 131 (6) to submit a request for transit, the transferee shall be held in custody under subsection (2). (4) If subsection (3) applies, the period of detention of the transferee may not be extended beyond ninety-six hours from the time of the unscheduled landing, unless the request for transit from the ICC is received within that time. (5) If the High Court orders, under subsection (2) (b), that a transferee be held in custody, the transferee may be detained in a prison or any other place in which a person could be detained under section 38. Minister to make removal order or issue certificate. 133. (1) If a transferee is not removed before or at the expiry of all periods of custody under section 132 (2), the Minister shall either— (a) make a removal order under section 148; or (b) issue a certificate under section 145 giving the transferee temporary authority to remain in Kenya. (2) Notwithstanding subsection (1), no removal order may be made under section 148 unless— (a) the Minister first consults with the ICC; and (b) it is not possible for the Minister and the ICC to reach agreement relating to the prompt removal of the transferee. (3) The Minister shall not issue the certificate referred to in subsection (1) (b) unless the Minister is satisfied that, because of the special circumstances of the transferee, it would be inappropriate to make a removal 83