www.kenyalaw.org
The International Crimes Act, 2008
that—
(a) because of the special circumstances of the ICC
prisoner, it would be inappropriate to make a
removal order; or
(b) it is desirable to issue a certificate under section
145 in order to facilitate the processing of a
request for extradition of the ICC prisoner, or the
investigation of an offence, or to enable the
prisoner to serve another sentence in Kenya, or
for any other reason in the interests of justice.
(3) This section shall have effect subject to section
143.
Special rules in
certain cases.
(Cf. Rome Statute,
articles 107 (3),
108.)
Cap. 77.
Cap. 76.
143. (1) An ICC prisoner serving a sentence in Kenya
may—
(a) be extradited to another country in accordance
with the Extradition (Commonwealth Countries)
Act or the Extradition (Contiguous and Foreign
Countries) Act, either—
(i) at the completion of the sentence; or
(ii) during the sentence, but only for a temporary
period;
(b) be required to remain in Kenya in order to serve
any sentence that the prisoner is liable to serve
under Kenyan law; or
(c) be required to remain in Kenya to undergo trial
for an offence under Kenyan law.
(2) Notwithstanding subsection (1)—
(a) a person to whom subsection (1) (a) applies may
not be extradited to another country without the
prior agreement of the ICC;
(b) a person to whom subsection (1) (b) or subsection
(1) (c) applies may not be required to serve a
sentence in Kenya or to undergo trial for an
offence under Kenyan law, as the case may be,
that relates to an act or omission that occurred
before the designation referred to in section
135 (1) (c), without the prior agreement of the
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