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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
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