Competing request - different conduct - no obligation to extradite

Kenya

Kenya - International Crimes Act 2008 EN

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

60.

(2) If Kenya is not under an existing international obligation to extradite the person to the requesting State, priority shall be given to the request from the ICC.

Rome Statute

Article 90 Competing requests

7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:

(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;