www.kenyalaw.org The International Crimes Act, 2008 (c) a request is made to the ICC to determine whether or not article 98 of the Rome Statute applies to the request for surrender, the Minister may postpone the request for surrender until the ICC advises whether or not it intends to proceed with the request for surrender. (2) If the ICC advises that it does not intend to proceed with the request, surrender shall be refused. (3) If the ICC advises that it intends to proceed with the request for surrender, and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part. Appeals against Determinations of Eligibility for Surrender Appeal on question of law by way of case stated. 63. (1) If the High Court determines under section 39 that a person is or is not eligible for surrender in relation to any crime for which surrender is sought, and either party considers the determination erroneous in point of law, the party may appeal against the determination to the Court of Appeal on a question of law only. (2) To lodge an appeal the party shall, within fifteen days after the determination, file in the office of the court that made the determination a notice of appeal in the prescribed form. Custody pending determination of appeal. 64. (1) The High Court may order that the person who is the subject of the determination continue to be detained or, as the case may be, issue a warrant for the arrest and detention of the person, pending the determination of the appeal if— (a) the High Court makes a determination under section 39; and (b) immediately after the High Court makes the determination, either party informs the High Court that the party intends to appeal against the determination. 40