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The International Crimes Act, 2008
appropriate Kenyan agency.
(2) The Kenyan agency to which a request is
forwarded under subsection (1) shall make such inquiries
as may be necessary to ascertain if the prisoner will
consent to the transfer.
(3) The Attorney-General may ask the ICC to give
one or more of the following assurances—
(a) that the prisoner will not be released from custody
without the prior approval of the AttorneyGeneral;
(b) that the prisoner will be returned to Kenya
without delay in accordance with arrangements
agreed to by the Attorney-General;
(c) assurances relating to such other matters as he
thinks appropriate.
Attorney-General
may arrange for
transfer.
92. (1) The Attorney-General may authorise the
temporary transfer of a Kenyan prisoner to the ICC if he
is satisfied that—
(a) the prisoner has consented to giving the evidence
or assistance requested; and
(b) the ICC has given adequate assurances where
appropriate.
(2) If the Attorney-General authorises the temporary
transfer of the prisoner to the ICC, he may—
(a) direct that the prisoner be released from the prison
in which that person is detained, for the purpose
of the transfer to the ICC; and
(b) make arrangements for the prisoner to travel to
the ICC in the custody of—
(i) a member of the police force;
(ii) a prison officer; or
(iii) a person authorised for the purpose by the
ICC.
(3) A direction given by the Attorney-General under
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