PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Surrender and Temporary Surrender
43. (2) The Minister shall make a surrender order in respect of the person concerned unless—
(b) the Minister is satisfied that one of the discretionary restrictions on surrender specified in section 51 (2) applies and that it is appropriate in the circumstances that surrender be refused;
PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Restrictions on Surrender
59. (1) If section 57 applies and the requesting State is not a party to the Rome Statute, priority shall be given to the request for surrender from the ICC if—
(a) Kenya is not under an international obligation to extradite the person to the requesting State; and
(b) the ICC has determined under article 18 or article 19 of the Rome Statute that the case is admissible.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.