www.kenyalaw.org
The International Crimes Act, 2008
ICC.
(3) Subsection (2) shall not apply to a person who—
(a) remains voluntarily in Kenya for more than thirty
days after the date of completion of, or release
from, the sentence imposed by the ICC; or
(b) voluntarily returns to Kenya after having left it.
Extradition of
escaped ICC
prisoner.
(Cf. Rome Statute,
article 111.)
144. (1) Where—
(a) an ICC prisoner serving a sentence in another
State escapes from custody and is located in
Kenya; and
(b) the State designated by the ICC as the State of
enforcement of the sentence makes a request to
Kenya for extradition in accordance with article
111 of the Rome Statute,
Cap. 77.
Cap. 76.
the provisions of the Extradition (Commonwealth
Countries) Act or the Extradition (Contiguous and
Foreign Countries) Act, as the case may require, shall,
with any necessary modifications, apply to a request for
extradition as if the request related to a person who had
been convicted of an extradition offence or extradition
crime within the meaning of the relevant Act.
(2) Where—
(a) an ICC prisoner serving a sentence in Kenya
escapes from custody and is located in another
State; and
(b) the Minister wishes to make a request to that State
for the person’s extradition in accordance with
article 111,
Cap. 77.
Cap. 76.
the Minister may make a request for the prisoner’s
extradition under the Extradition (Commonwealth
Countries) Act or the Extradition (Contiguous and
Foreign Countries) Act, and the relevant Act shall, with
any necessary modifications, a p p l y as if the request
related to a person who had been convicted of an
extradition offence or extradition crime within the
meaning of the relevant Act.
Certificates and Removal Orders
90
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