The International Crimes Act, 2008
appeal is against a determination that a person is eligible
for surrender, and the Court of Appeal finds that there has
been an error of law, it may nevertheless decline to
reverse or amend the determination in respect of which
the case has been stated if it considers that no substantial
wrong or miscarriage of justice has occurred and that the
determination ought to be upheld.
(4) If the appeal is against a determination that a
person is not eligible for surrender, and the Court of
Appeal finds that the determination includes an error of
law, the Court of Appeal may—
www.kenyalaw.org
(a) exercise the powers of a High Court under section
42 as if it were the High Court (for which purpose
subsection (2) (c) of that section shall not apply);
or
(b) if it remits the determination to the High Court,
issue a warrant for the arrest and detention of the
person pending the High Court’s reconsideration
of the determination or rehearing of the
proceedings to determine whether the person is
eligible for surrender; and section 64 (3) shall
apply to any warrant issued under this paragraph
as if the warrant were issued under that section.
(5) Subsections (1), (2), and (4) do not limit the
operation of section 66.
Discharge of Person
Discharge of
person if Minister
declines to order
surrender.
68. If the Minister determines under section 43 that
the person is not to be surrendered, the person shall b e
discharged from custody immediately unless the person is
subject to any other order for detention.
Discharge of
person if not
surrendered within
two months.
69. (1) This section shall apply if a person is not
surrendered and conveyed out of Kenya under a surrender
order or a temporary surrender order made under this Part
within two months—
(a) after the date of the issue of the warrant for the
detention of the person under section 42 pending
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