www.kenyalaw.org The International Crimes Act, 2008 received, in which case— (a) the Minister may make a surrender order as if a request for surrender had been received; and (b) section 34 (1) (a) shall not apply. Procedure following determination on eligibility or consent to surrender. 42. (1) This section shall apply if— (a) the High Court has determined in accordance with section 39 that a person is eligible for surrender; or (b) a person has consented to surrender to the ICC in accordance with section 41. (2) If this section applies, the High Court shall— (a) issue a warrant for the detention of the person in a prison or other place authorised in accordance with section 38, pending the surrender of the person to the ICC or his discharge according to law; (b) send to the Minister a copy of the warrant of detention and such report on the case as the court thinks fit; (c) inform a person to whom subsection (1) (a) applies that— (i) subject to section 65, the person will not be surrendered until the expiration of fifteen days after the date of the issue of the warrant; (ii) during that time the person has the right to make an application for a writ of habeas corpus; and (iii) the person has the right to lodge an appeal under section 63; (d) inform a person to whom subsection (1) applies that the Minister is to determine whether to issue a surrender order before the person can be surrendered to the ICC; and (e) inform the person that if a surrender order is made and the person is not removed within two months, the person may apply to be discharged under section 69. 26