The International Crimes Act, 2008 in custody. (Cf. Rome Statute, articles 106, 110 (1).) Kenya as the State in which a sentence of imprisonment imposed by the ICC is to be served, the ICC prisoner may be transported to Kenya 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. www.kenyalaw.org cap. 90. (2) On arrival in Kenya or, if the person is already in Kenya when the sentence is imposed, on the imposition of the sentence, the ICC prisoner shall be detained in accordance with the Prisons Act as if the prisoner had been sentenced to imprisonment under Kenyan law. (3) Notwithstanding subsection (2) and any other enactment— (a) the ICC prisoner has the right to communicate on a confidential basis with the ICC, without impediment from any person; and (b) a Judge of the ICC or a member of the staff of the ICC may visit the ICC prisoner for the purpose of hearing any representations by the prisoner without the presence of any other person, except any representative of the prisoner; Order for detention to act as authority for detention. Cap. 90. 137. The order for detention issued by the Minister under section 135 (2) shall, for the purposes of this Part and the Prisons Act, b e sufficient authority for the detention of the prisoner to which the notice relates— (a) until the ICC prisoner completes, or is released from, the sentence or is transferred to another country; and (b) during any further period that the ICC prisoner is required to serve the sentence if the ICC makes an order for recall of the prisoner. Sentence to be served in accordance with Rome Statute. (Cf. Rome Statute, articles 106 (1), 110 (1) and (2).) 138. (1) The administration of a sentence of imprisonment imposed by the ICC that is served in Kenya, including any decision to release or transfer the ICC prisoner, shall be undertaken in accordance with Part 10 of the Rome Statute and the ICC Rules. 86

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