Transit proceedings

Republic of Kenya

Kenya - International Crimes Act 2008 EN


Offences Against Administration of Justice

19. (1) If the ICC makes a request for assistance in any investigation or proceedings involving an offence against the administration of justice, that request shall be dealt with—

(c) in the case of a request for transit— in the manner provided in sections 131 to 133 and 145 to 151, which sections shall apply with any necessary modifications and subject to any contrary prov¬ision in the Rome Statute or the ICC Rules; and


Person in Transit

131. (1) This section and sections 132, 133, and 145to 151 shall apply to a person (hereinafter referred to as"the transferee") who—
(a) is being surrendered to the ICC by another State under article 89 of the Rome Statute;
(b) is a person to whom paragraph 7 of article 93 of the Rome Statute applies, and is being temporarily transferred to the ICC by another
State; or
(c) is a person sentenced to imprisonment by the ICC and who is being transferred to or from the ICC, or between States, in connection with that sentence.

(2) The transferee may be transported through Kenya for the purpose of being surrendered or transferred to the ICC or to another State, as the case may be.

(3) Before the transferee is transported through Kenya
under subsection (2), the ICC shall first transmit a request for transit in accordance with article 87 of the Rome Statute that contains the following information and documents—
(a) a description of the transferee;
(b) in the case of a person described in subsection (1) (a)—

(i) a brief statement of the facts of the case and their legal characterisation; and
(ii) a copy of the warrant for arrest and surrender;
(c) in the case of a person described in subsection (1) (b), such information as the Minister may request about the reasons for the temporary transfer.

(4) Notwithstanding subsection (3), the Minister shall not refuse a request for transit unless the Minister considers that transit through Kenya would impede or delay the surrender or transfer of the transferee.
(5) Notwithstanding subsection (3), no authorisation for transit is required if the transferee is transported by air and no landing is scheduled on Kenyan territory.
(6) If an unscheduled landing occurs on Kenyan territory, the Minister may require the ICC to submit a request for transit of the transferee under subsection (3) as soon as is reasonably practicable.

Rome Statute

Article 89 Surrender of persons to the Court


(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.