The International Crimes Act, 2008
in custody.
(Cf. Rome Statute,
articles 106, 110
(1).)
Kenya as the State in which a sentence of imprisonment
imposed by the ICC is to be served, the ICC prisoner may
be transported to Kenya in the custody of—
(a) a member of the police force;
(b) a prison officer; or
(c) a person authorised for the purpose by the ICC.
www.kenyalaw.org
cap. 90.
(2) On arrival in Kenya or, if the person is already in
Kenya when the sentence is imposed, on the imposition of
the sentence, the ICC prisoner shall be detained in
accordance with the Prisons Act as if the prisoner had
been sentenced to imprisonment under Kenyan law.
(3) Notwithstanding subsection (2) and any other
enactment—
(a) the ICC prisoner has the right to communicate on
a confidential basis with the ICC, without
impediment from any person; and
(b) a Judge of the ICC or a member of the staff of the
ICC may visit the ICC prisoner for the purpose of
hearing any representations by the prisoner
without the presence of any other person, except
any representative of the prisoner;
Order for
detention to act as
authority for
detention.
Cap. 90.
137. The order for detention issued by the Minister
under section 135 (2) shall, for the purposes of this Part
and the Prisons Act, b e sufficient authority for the
detention of the prisoner to which the notice relates—
(a) until the ICC prisoner completes, or is released
from, the sentence or is transferred to another
country; and
(b) during any further period that the ICC prisoner is
required to serve the sentence if the ICC makes an
order for recall of the prisoner.
Sentence to be
served in
accordance with
Rome Statute.
(Cf. Rome Statute,
articles 106 (1),
110 (1) and (2).)
138. (1) The administration of a sentence of
imprisonment imposed by the ICC that is served in
Kenya, including any decision to release or transfer the
ICC prisoner, shall be undertaken in accordance with Part
10 of the Rome Statute and the ICC Rules.
86
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