The International Crimes Act, 2008
(3) If a surrender order is made under this section, the
order takes effect on the same day that the person ceases
to be subject to the Kenyan proceedings or ceases to be
liable to be detained in a Kenyan prison.
www.kenyalaw.org
Kenyan sentences
continue to run.
48. (1) If a person who is subject to a sentence of
imprisonment is released from a Kenyan prison under a
surrender order made under section 43 or a temporary
surrender order made under section 45, the person shall
be treated, while in custody in connection with the request
or the crime to which the request related, as the case may
be (including custody outside Kenya), as being in custody
for the purposes of the Kenyan sentence, which, subject to
subsection (3), shall continue to run.
(2) If, while a person is within the jurisdiction of the
ICC under a temporary surrender order or surrender order,
the person ceases to be liable to be detained in a Kenyan
prison, the Minister shall inform the ICC that any
undertakings relating to custody referred to in section
45 (3) (a) and section 45 (3) (b) no longer need to be
complied with.
(3) Nothing in this section affects the ICC’s power to
direct that any sentence of imprisonment that it imposes
shall be cumulative on a sentence imposed under Kenyan
law.
Form and
execution of
surrender order or
temporary
surrender order.
49. A surrender order made under section 43 or a
temporary surrender order made under section 45 shall be
in the prescribed form, if any, and shall—
(a) specify all the international crimes in relation to
which the person is being surrendered;
(b) either—
(i) require the person in whose custody the
person to be surrendered is being held (if the
person is being held in custody) to release the
person to be surrendered into the custody of a
member of the police force, or a prison
officer; or
(ii) if the person to be surrendered is on bail,
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