www.kenyalaw.org The International Crimes Act, 2008 Party. (Cf. Rome Statute, article 90 (4)-(6).) the request for surrender from the ICC if— (a) Kenya is not under an international obligation to extradite the person to the requesting State; and (b) the ICC has determined under article 18 or article 19 of the Rome Statute that the case is admissible. (2) If section 57 applies and the requesting State is not a party to the Rome Statute, the request for extradition may continue to be dealt with if— (a) Kenya is not under an international obligation to extradite the person to the requesting State; and (b) the ICC has not yet determined under article 18 and article 19 of the Rome Statute that the case is admissible. Cap. 77 Cap. 76. (3) Notwithstanding subsection (2), no person may be surrendered under the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, as the case may be, unless and until the ICC makes its decision on admissibility and determines that the case is inadmissible. (4) If section 57 applies, and the requesting State is not a party to the Rome Statute, and Kenya is under an international obligation to extradite the person to the requesting State, the Minister shall determine whether to surrender the person to the ICC or extradite the person to the requesting State. (5) In making the determination under subsection (4), the Minister shall consider all the relevant factors, including— (a) the respective dates of the requests; (b) the interests of the requesting State, including, if relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and (c) the possibility of subsequent surrender between the ICC and the requesting State. 38