Provisional arrest - consent to surrender

Republic of Kenya

Kenya - International Crimes Act 2008 EN

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Eligibility for Surrender

41.
(4) A person arrested under a provisional warrant may consent to surrender before a request for surrender is received, in which case—
(a) the Minister may make a surrender order as if a
request for surrender had been received; and
(b) section 34 (1) (a) shall not apply.

Rome Statute

Article 92 Provisional arrest

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.