The International Crimes Act, 2008 request, the postponement may be for a reasonable time and may, if the Minister considers it desirable, be extended from time to time. (4) A decision by the Minister to postpone the execution of a request— (a) does not limit or affect— (i) the High Court’s ability to accept notification of consent to the surrender; (ii) the ability to continue to detain a person under any warrant issued under this Part; and www.kenyalaw.org (b) does not affect the validity of any act that has been done or any warrant or order made under this Part before the decision was made. (5) If no decision on the execution of the request for surrender is made within six months after the date of the Minister’s decision to postpone the execution of the request, the person may apply to a Judge of the High Court to be discharged. (6) If an application to be discharged is made under subsection (5), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge— (a) discharge any order made under this Act; and (b) order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention. Previous proceedings against person sought. (Cf. Rome Statute, articles 20 (1), 20 (3), 89 (2).) 53. (1) Where the person whose surrender is sought alleges that— (a) the case is one to which paragraph 1 of article 20 of the Rome Statute applies (because it relates to conduct that formed the basis of crimes for which the person has been convicted or acquitted by the ICC); or (b) the person has been tried by another court for 34