The International Crimes Act, 2008
request of the ICC, be sent urgently to it.
(5) Documents or evidence provided or produced in
response to a request for assistance from the ICC shall be
transmitted to the ICC in their original language and
form.
Official capacity
of person no bar
to request.
(Cf. Rome Statute,
article 27 (2).)
27. (1) The existence of any immunity or special
procedural rule attaching to the official capacity of any
person shall not constitute a ground for—
(a) refusing or postponing the execution of a request
for surrender or other assistance by the ICC;
www.kenyalaw.org
(b) holding that a person is ineligible for surrender,
transfer, or removal to the ICC or another State
under this Act; or
(c) holding that a person is not obliged to provide the
assistance sought in a request by the ICC.
(2) Subsection (1) shall have effect subject to sections
62 and 115, but notwithstanding any other enactment or
rule of law.
PART IV—ARREST AND S URRENDER OF PERSONS TO
ICC
Request for arrest
and surrender.
(Cf. Rome Statute,
articles 58, 60 (5),
91 (2)-(4), 92 (1).)
28. (1) This Part shall apply to a request made by the
ICC under paragraph 1 of article 89 of the Rome Statute
for the arrest and surrender from Kenya of—
(a) a person in respect of whom the Pre-Trial
Chamber has issued a warrant of arrest under
article 58 or article 60 of the Rome Statute for an
international crime; or
(b) a person who has been convicted by the ICC of an
international crime.
(2) This Part shall apply to a request made under
article 92 of the Rome Statute for the provisional arrest of
a person accused or convicted of an international crime.
(3) The provisions of this Part applying in respect
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