The International Crimes Act, 2008 Cap. 63. Cap. 90. www.kenyalaw.org Transfer of prisoner to ICC for review of sentence. (Cf. Rome Statute, articles 105 (2), 110 (3) and (5).) (2) If, in relation to the administration of a sentence of imprisonment that is served in Kenya by an ICC prisoner, there is any inconsistency between the provisions of the Penal Code or the Prisons Act and the provisions of the Rome Statute and the ICC Rules, the provisions of that Statute and those Rules shall prevail. 139. (1) Where the ICC, under article 110 of the Rome Statute, decides to review the sentence of an ICC prisoner who is serving that sentence in Kenya, the Minister shall direct that the prisoner be transferred to the ICC for the purposes of enabling the ICC to review the prisoner’s sentence if the Minister is satisfied that— (a) the prisoner is entitled to appear before the ICC at the review of the prisoner’s sentence; (b) the ICC has requested the prisoner to appear before it at the review; or (c) the interests of justice require the prisoner’s attendance at the ICC. (2) If the Minister gives a direction under subsection (1), the Minister shall forward a notice of the direction to each of the following persons— (a) the Commissioner of Police; (b) the permanent secretary in the Ministry responsible for prisons; and (c) the permanent secretary in the Ministry responsible for labour. (3) On the giving of a direction under subsection (1), the prisoner may be transported to the ICC and, if necessary, from the ICC in the custody of— (a) a member of the police force; or (b) a prison officer; or (c) a person authorised for the purpose by the ICC. Transfer of prisoner to ICC 140. (1) This section shall apply if the ICC— 87