www.kenyalaw.org The International Crimes Act, 2008 Cancellation of warrant. 31. (1) The Minister may at any time, apply to High Court for the cancellation of the warrant. (2) If under this section the High Court orders the cancellation of a warrant, the warrant ceases to have effect and any person arrested under the warrant shall be released, unless the person is otherwise liable to be detained in custody. Provisional Arrest in Certain Cases Provisional arrest warrant. (Cf. Rome Statute, article 92) 32. (1) A J u d g e of the High Court may issue a provisional warrant in the prescribed form for the arrest of a person if the Judge is satisfied on the basis of the information presented to him that— (a) a warrant for the arrest of a person has been issued by the ICC or, in the case of a convicted person, a judgment of conviction has been given in relation to an international crime; (b) the person named in the warrant or judgment is or is suspected of being in Kenya or may come to Kenya; and (c) it is necessary or desirable for an arrest warrant to be issued urgently. (2) A warrant may be issued under this section even though no request for surrender has yet been made or received from the ICC. Notice to be given to Minister. 33. (1) If a Judge issues a provisional arrest warrant under section 32, the applicant for the warrant shall report the issue of the warrant to the Minister without delay. (2) The applicant shall include in the report to the Minister a copy of the warrant issued by the ICC, or the judgment of conviction, as applicable, and the other documentary evidence that the applicant produced to the Judge. Procedure where provisional arrest warrant issued. 34. (1) If a person has been arrested on a provisional arrest warrant issued under section 32, the following 20

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