www.kenyalaw.org
The International Crimes Act, 2008
(3) Before making a temporary surrender order, the
Minister may seek undertakings from the ICC relating to
one or more of the following matters—
(a) the return of the person to Kenya;
(b) the custody of the person while travelling to and
from and while in the ICC’s jurisdiction;
(c) such other matters, if any, that the Minister thinks
appropriate.
Decision to return
to Kenya after
trial.
46. (1) The Minister shall review whether it is
appropriate for a person who has been surrendered to the
ICC under a temporary surrender order to be returned to
Kenya in accordance with undertakings received from the
ICC, if the person is convicted by the ICC of an
international crime and sentenced to imprisonment.
(2) The Minister may determine that he no longer
requires the undertaking relating to return to be complied
with and, if so, shall inform the ICC without delay.
Request to return
to ICC after
temporary
surrender.
47. (1) The Minister may make a surrender order in
relation to a person who was surrendered to the ICC
under a temporary surrender order if—
(a) the person has been convicted by the ICC of an
international crime and sentenced to imprisonment;
(b) the person is returned to Kenya in order for the
Kenyan proceedings or sentence to be completed;
and
(c) the ICC, at any time before the person ceases to
be the subject of Kenyan proceedings or ceases to
be liable to be detained in a Kenyan prison,
requests that, when he ceases to be the subject of
such proceedings or ceases to be so liable, the
person be surrendered to serve the sentence
imposed by the ICC.
(2) An order under subsection (1) shall not be made
unless the Minister has determined, in accordance with
section 43, that the person is to be surrendered.
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