The International Crimes Act, 2008
articles 17 (1), 19
(2) (b), 95.)
stitute an offence under Kenyan law;
(c) either—
(i) the conduct is being investigated or prosecuted in Kenya; or
(ii) the conduct had been investigated in Kenya
and a decision was made not to prosecute the
person sought, that decision not being due to
the unwillingness or genuine inability to
prosecute; and
www.kenyalaw.org
(d) a challenge to the admissibility of the case is
being or has been made to the ICC under
paragraph 2 (b) of article 19 of the Rome Statute.
(2) If this section applies, the Minister may postpone
the execution of the request for surrender until the ICC
has made its determination on admissibility.
(3) If the ICC determines that the case is inadmissible,
surrender shall be refused.
(4) If the ICC determines that the case is admissible
and there is no other ground for refusing or postponing
the request, the request shall continue to be dealt with
under this Part.
Other challenges
to admissibility.
(Cf. Rome statute,
article 95.)
56. (1) If the ICC is considering an admissibility
challenge under article 18 or article 19 of the Rome
Statute, other than a challenge of the kind referred to in
section 53 or section 55, the Minister may postpone the
execution of a request under this Part pending a
determination by the ICC.
(2) If the ICC determines that the case is inadmissible,
surrender shall be refused.
(3) If the ICC determines that the case is admissible,
and there is no other ground for refusing or postponing
the request, the request shall continue to be dealt with
under this Part.
Request from ICC
and other State
57. If a request for surrender of a person is received
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