The International Crimes Act, 2008
under subsection (2), the ICC shall first transmit a request
for transit in accordance with article 87 of the Rome
Statute that contains the following information and
documents—
(a) a description of the transferee;
(b) in the case of a person described in subsection
(1) (a)—
(i) a brief statement of the facts of the case and
their legal characterisation; and
(ii) a copy of the warrant for arrest and surrender;
www.kenyalaw.org
(c) in the case of a person described in subsection
(1) (b), such information as the Minister may
request about the reasons for the temporary
transfer.
(4) Notwithstanding subsection (3), the Minister shall
not refuse a request for transit unless the Minister
considers that transit through Kenya would impede or
delay the surrender or transfer of the transferee.
(5) Notwithstanding subsection (3), no authorisation
for transit is required if the transferee is transported by air
and no landing is scheduled on Kenyan territory.
(6) If an unscheduled landing occurs on Kenyan
territory, the Minister may require the ICC to submit a
request for transit of the transferee under subsection (3) as
soon as is reasonably practicable.
Transferee to be
held in custody.
(Cf. Rome Statute,
article 89 (3).)
132. (1) The transferee shall, during the period of
transit, be detained in custody in accordance with
subsection (2).
(2) If the aircraft or ship that transports a transferee
lands or calls at any place in Kenya—
(a) the person holding the transferee in custody
before the landing or call is made may hold the
transferee in his custody or in police custody for a
period not exceeding ninety-six hours; and
(b) a High Court may, on the application of a member
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