www.kenyalaw.org The International Crimes Act, 2008 conduct also proscribed under article 6, 7, or 8 of the Rome Statute and the case is not one to which paragraph 3 (a) and (b) of article 20 of the Rome Statute applies, the Minister shall immediately consult with the ICC to determine if there has been a relevant ruling on admissibility under the Rome Statute. (2) If the ICC has ruled that the case is admissible, surrender cannot be refused on the ground there have been previous proceedings. (3) If the ICC has ruled that the case is inadmissible under article 20 of the Rome Statute, surrender shall be refused on the ground that there have been previous proceedings. (4) If an admissibility ruling is pending, the Minister may postpone the execution of a request until the ICC has made a determination on admissibility. Ongoing Kenyan investigation or proceedings involving different conduct. (Cf. Rome Statute, article 94.) 54. (1) Where the ICC makes a request for surrender that would interfere with any investigation or proceedings in Kenya involving different conduct, the Minister may, after consultation with the ICC— (a) proceed with the execution of the request in accordance with section 52 (2), despite the Kenyan investigation or proceedings; or (b) postpone the execution of the request until the Kenyan investigation or proceedings have been finally disposed of. (2) Nothing in this section limits or affects section 44 which allows the Minister, after consultation with the ICC, to make a surrender order that comes into force at a later date if a person is serving a sentence for a different offence against Kenyan law. Person being prosecuted in Kenya for same conduct. (Cf. Rome Statute, 55. (1) This section shall apply if— (a) the ICC makes a request for surrender; (b) the request relates to conduct that would con35