Obligations towards the sending State

Kenya

Kenya - International Crimes Act 2008 EN

PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24. (1) The Attorney-General or the Minister, as the
case may be, shall consult with the ICC without delay
if—

(d) execution of a request for assistance in its current form would require the breach of an existing treaty obligation to another State; or

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

52. (1) The Minister may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if, and only if -

(c) a request of the kind referred to in section 62 (1) (c) is made to the ICC.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

62. (1) Where—
(a) the ICC makes a request for surrender;
(b) the ICC has not previously made a final deter¬mination on whether or not article 98 of the Rome Statute applies to that request; and
(c) a request is made to the ICC to determine whether or not article 98 of the Rome Statute applies to the request for surrender,
the Minister may postpone the request for surrender until the ICC advises whether or not it intends to proceed with the request for surrender.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

115. (1) Ifa request by the ICC for assistance to which this Part applies concerns persons who, or information or property that, are subject to the control of another State or an international organisation under an international agreement, the Attorney-General shall inform the ICC to enable it to direct its request to the other State or international organisation.
(2) Where—
(a) the ICC makes a request for assistance;
(b) the ICC has not previously made a final determination on whether or not paragraph 1 of article 98 of the Rome Statute applies to that request; and
(c) a request is made to the ICC to determine whether or not paragraph 1 of article 98 applies to the request for surrender,
the Minister may postpone the request for assistance until the ICC advises whether or not it wishes to proceed with the request for assistance.
(4) (3) If the ICC advises that it does not intend to proceed with the request, the request for assistance shall be refused.
(5) (4) If the ICC advises that it intends to proceed with the request for assistance, and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part.

Rome Statute

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.