www.kenyalaw.org The International Crimes Act, 2008 for other purposes (a) directs that an ICC prisoner appear before it to give evidence in another case; or (b) requests that an ICC prisoner appear before it for any other reason. (2) The Minister— (a) if subsection (1) (a) applies, shall direct that the ICC prisoner be transferred to the ICC; or (b) if subsection (1) (b) applies, may direct that the ICC prisoner be transferred to the ICC if the Minister is satisfied that the interests of justice require the prisoner’s attendance at the ICC. (3) If the Minister gives a direction under subsection (2), section 139 (2) and (3) shall apply, with any necessary modifications. (4) This section shall not apply if the request by the ICC is a request to which section 90 (1) applies. Transfer of prisoner to another State to complete sentence. (Cf. Rome Statute, article 104 (1).) 141. If an ICC prisoner of any nationality is to be transferred from Kenya to another State to complete that sentence, the prisoner may be transported from Kenya to that State in the custody of— (a) a member of the police force; (b) a prison officer; or (c) a person authorised for the purpose by the ICC. Minister to make removal order or issue certificate. (Cf. Rome Statute, article 107 (1).) 142. (1) If an ICC prisoner is to complete his sentence in Kenya or to be released at the direction of the ICC while in Kenya and the prisoner is not a Kenyan citizen, the Minister shall, before the date of completion or release, either— (a) make a removal order under section 148; or (b) issue a certificate under section 145 giving the prisoner temporary authority to remain in Kenya. (2) The Minister shall not issue the certificate referred to in subsection (1) (b) unless the Minister is satisfied 88

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents