www.kenyalaw.org The International Crimes Act, 2008 (3) I f t h e High Court issues a warrant under subsection (2), the Court may grant bail to the person in accordance with section 35. (4) If the High Court is not satisfied that the person is eligible for surrender, it shall discharge the person, unless under section 69 it orders that the person continue to be detained or issues a warrant for the arrest and detention of the person, pending the determination of an appeal under section 63. Surrender and Temporary Surrender Minister to determine whether person to be surrendered. (Cf. Rome Statute, article 59 (1) and 59 (7).) 43. (1) I f t h e High Court issues a warrant for the detention of a person under section 42, the Minister shall determine whether to order that the person be surrendered, giving reasons to the High Court. for any refusal to order surrender. (2) The Minister shall make a surrender order in respect of the person concerned unless— (a) the Minister is satisfied that surrender of the person must be refused because a mandatory restriction on surrender specified in section 51 (1) applies; (b) the Minister is satisfied that o n e o f t h e discretionary restrictions on surrender specified in section 51 (2) applies and that it is appropriate in the circumstances that surrender be refused; (c) the Minister postpones the execution of a request for surrender in accordance with section 52; or (d) the Minister makes a temporary surrender order under section 45. (3) The Minister shall not make a surrender order in respect of a person until the later of the following times— (a) until the expiration of fifteen days after the date of the issue of the warrant of detention of that person under section 42 (2) (a); or (b) if an appeal, or an application for review or 27