www.kenyalaw.org The International Crimes Act, 2008 discharged. (3) If an application to be discharged is made under subsection (2), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge— (a) discharge the surrender order; and (b) order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention. Discharge of person under this Part does not preclude further proceedings. (Cf. Rome Statute, article 92 (4).) 71. The discharge of a person under any provision of this Part does not preclude further proceedings under this Act, whether or not they are based on the same conduct, to surrender the person to the ICC. Miscellaneous Provisions relating to Arrest and Surrender Search and seizure on arrest. 72. (1) If a person is arrested on a warrant issued under this Part, a member of the police force may, without further warrant, search the person arrested and may seize any thing, including any sum of money, found on him or in his possession if the member of the police force believes on reasonable grounds that the thing on the person or in his possession may be evidence as to the commission of any offence in relation to which the warrant to arrest was issued or for which the surrender of the person is sought by the ICC. (2) If there is no suitable searcher available at the place where the search is to take place, the person to be searched may be taken to another place to be searched. (3) Nothing in this section limits or affects the right at common law of a constable to search a person on that person’s arrest or any statutory power conferred on a member of the police force. 45