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The International Crimes Act, 2008
into custody;
(b) shall specify that the person is to be taken by a
member of the police force and placed on board
any craft for the purpose of effecting the person’s
removal from Kenya; and
(c) may authorise the detention in custody of the
person while awaiting removal from Kenya.
(2) The removal order shall be served on the person
named in the order by personal service.
(3) If the removal order authorises the detention of the
person in custody, the person may be detained—
(a) in a prison, or any other place in which a person
could be detained under section 38; or
(b) at a seaport or airport.
(4) A removal order made under this section continues
in force until it is executed or cancelled.
Delay in removal.
149. (1) If a person is not able to be conveyed out of
Kenya within forty-eight hours after service of a removal
order issued under section 148, the person shall b e
brought before a Judge of the High Court to determine, in
accordance with subsection (2), whether the person
should be detained in custody or released pending
removal from Kenya.
(2) If a person is brought before a Judge of the High
Court under subsection (1), the Judge may, if the Judge is
satisfied that the person is the person named in the
order—
(a) issue a warrant for the detention of the person in
custody if the Judge is satisfied that, if not
detained, the person is likely to abscond; or
(b) order the release of the person subject to such
conditions, if any, that the Judge thinks fit.
(3) A warrant for the detention of the person issued
under subsection (2) (a) may authorise the detention of
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