The International Crimes Act, 2008 Information about time spent in custody in Kenya. (Cf. Rome Statute, article 78 (2).) 74. (1) If the ICC requests the surrender of a person, and that person is detained in a Kenyan prison or any other place at any time pending surrender, the officer in charge of the prison or other place shall keep a record of the time spent in custody as if the person were charged with an offence against the law of Kenya and were on remand. (2) The officer in charge shall, if requested, provide to the Minister a certificate recording— www.kenyalaw.org (a) the date on which the person was admitted to a prison or any other place to be held in custody in relation to the request; (b) the total period during which the person was detained in custody during the process leading to the surrender of the person to Kenya in relation to the offence or offences; and (c) whether the person was, at any time during the period in custody in relation to the surrender, also serving a sentence for an offence against Kenyan law. (3) The Minister shall provide to the ICC at the time of the surrender of the person, or as soon as possible after that, a certificate recording the information specified in subsection (2) and such other information relating to any period spent in custody in relation to the surrender as the ICC may request. Consent to trial of surrendered person for previous offences. (Cf. Rome Statute, articles 91, 101.) 75. (1) Where— (a) a person is surrendered to the ICC under this Act; and (b) the ICC requests a waiver of the requirements of paragraph 1 of article 101 of the Rome Statute (which relates to the rule of speciality), the Minister may consent to the person being proceeded against, punished, or detained for conduct committed before surrender (not being the conduct or course of conduct that forms the basis of the crimes for which that person has been surrendered). 47