The International Crimes Act, 2008 request of the ICC, be sent urgently to it. (5) Documents or evidence provided or produced in response to a request for assistance from the ICC shall be transmitted to the ICC in their original language and form. Official capacity of person no bar to request. (Cf. Rome Statute, article 27 (2).) 27. (1) The existence of any immunity or special procedural rule attaching to the official capacity of any person shall not constitute a ground for— (a) refusing or postponing the execution of a request for surrender or other assistance by the ICC; www.kenyalaw.org (b) holding that a person is ineligible for surrender, transfer, or removal to the ICC or another State under this Act; or (c) holding that a person is not obliged to provide the assistance sought in a request by the ICC. (2) Subsection (1) shall have effect subject to sections 62 and 115, but notwithstanding any other enactment or rule of law. PART IV—ARREST AND S URRENDER OF PERSONS TO ICC Request for arrest and surrender. (Cf. Rome Statute, articles 58, 60 (5), 91 (2)-(4), 92 (1).) 28. (1) This Part shall apply to a request made by the ICC under paragraph 1 of article 89 of the Rome Statute for the arrest and surrender from Kenya of— (a) a person in respect of whom the Pre-Trial Chamber has issued a warrant of arrest under article 58 or article 60 of the Rome Statute for an international crime; or (b) a person who has been convicted by the ICC of an international crime. (2) This Part shall apply to a request made under article 92 of the Rome Statute for the provisional arrest of a person accused or convicted of an international crime. (3) The provisions of this Part applying in respect 18

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