Transfer of sentenced person to another State

Kenya

Kenya - International Crimes Act 2008 EN

PART VII—PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of Sentences in Kenya

141. If an ICC prisoner of any nationality is to be to transferred from Kenya to another State to complete that sentence, the prisoner may be transported from Kenya to that State in the custody of—
(a) a member of the police force;
(b) a prison officer; or
(c) a person authorised for the purpose by the ICC.

PART VII—PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of Sentences in Kenya

143. (1) An ICC prisoner serving a sentence in Kenya may—
(a) be extradited to another country in accordance with the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, either—

(ii) during the sentence, but only for a temporary
period;

PART VII—PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of Sentences in Kenya

143. (1) An ICC prisoner serving a sentence in Kenya may—
(a) be extradited to another country in accordance with the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, either—
(i) at the completion of the sentence; or
(ii) during the sentence, but only for a temporary
period;

(2) Notwithstanding subsection (1)—
(a) a person to whom subsection (1) (a) applies may not be extradited to another country without the prior agreement of the ICC;

Rome Statute

Article 104 Change in designation of State of enforcement

1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.

2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.