www.kenyalaw.org The International Crimes Act, 2008 that— (a) because of the special circumstances of the ICC prisoner, it would be inappropriate to make a removal order; or (b) it is desirable to issue a certificate under section 145 in order to facilitate the processing of a request for extradition of the ICC prisoner, or the investigation of an offence, or to enable the prisoner to serve another sentence in Kenya, or for any other reason in the interests of justice. (3) This section shall have effect subject to section 143. Special rules in certain cases. (Cf. Rome Statute, articles 107 (3), 108.) Cap. 77. Cap. 76. 143. (1) An ICC prisoner serving a sentence in Kenya may— (a) be extradited to another country in accordance with the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, either— (i) at the completion of the sentence; or (ii) during the sentence, but only for a temporary period; (b) be required to remain in Kenya in order to serve any sentence that the prisoner is liable to serve under Kenyan law; or (c) be required to remain in Kenya to undergo trial for an offence under Kenyan law. (2) Notwithstanding subsection (1)— (a) a person to whom subsection (1) (a) applies may not be extradited to another country without the prior agreement of the ICC; (b) a person to whom subsection (1) (b) or subsection (1) (c) applies may not be required to serve a sentence in Kenya or to undergo trial for an offence under Kenyan law, as the case may be, that relates to an act or omission that occurred before the designation referred to in section 135 (1) (c), without the prior agreement of the 89

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