www.kenyalaw.org
The International Crimes Act, 2008
of—
(a) arrest where a request for surrender is received
(sections 29 to 31);
(b) provisional arrest in urgent cases (sections 32 to
34);
(c) remand and bail (sections 35 to 38);
(d) eligibility for surrender (sections 39 to 42); and
(e) surrender and temporary surrender (sections 43 to
50),
shall have effect subject to sections 51 t o 62 (which
prescribe restrictions on surrender and the execution of a
request for surrender).
Minister to
request issue of
arrest warrant.
(Cf. Rome Statute,
article 59 (1).)
29. (1) If a request for surrender is received, other
than a request for provisional arrest referred to in section
28 (2), the Minister shall, if satisfied that the request is
supported by the information and documents required by
article 91 of the Rome Statute, notify a Judge of the High
Court in writing that it has been made and request that the
Judge issue a warrant for the arrest of the person whose
surrender is sought.
(2) If a notice is sent to a Judge under subsection (1),
the Minister shall also send to the Judge a copy of the
request and supporting documents.
Issue of arrest
warrant.
30. (1) After receiving a request under section 29, the
Judge may issue a warrant in the prescribed form for the
arrest of the person if the Judge is satisfied on the basis of
information presented to him that—
(a) the person is or is suspected of being in Kenya or
may come to Kenya; and
(b) there are reasonable grounds to believe that that
person is the person to whom the request for
surrender from the ICC relates.
(2) The Judge shall give reasons for the issue or
refusal to issue a warrant under subsection (1)
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