Extradition (Commonwealth Countries) Act

Section 1. Short title. Section This Act may be cited as the Extradition (Commonwealth Countries) Act.

Section 2. Interpretation. Section 2(1) In this Act, unless the context otherwise requires— "application forhabeas corpus" means an application for the issue of directions in the nature of habeas corpus under subsection (1) of section 389 of the Criminal Procedure Code ( Cap. 75 ); "authority to proceed" means a written authority issued under subsection (1) of section 7 ; “Central Authority” has the meaning assigned to it under section 2 of the Mutual Legal Assistance Act ( Cap. 75A ); "country" includes any state, territory or other part of the country concerned; "the Court" means the Resident Magistrate’s Court; "designated Commonwealth country" means a country ("any state, territory or other part of the country concerned;") designated for the purposes of this Act under section 3 ; "extradition offence" has the meaning assigned thereto in section 4 ; "fugitive" means any person who is, or is suspected of being, in or on his way to Kenya and whose surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradi...

Section 3. Designated countries. Section 3(1) The Attorney-General may, by order, designate for the purposes of this Act any country ("any state, territory or other part of the country concerned;") that is, at the date of such order, within the Commonwealth. Section 3(2)(a) may be made subject to any specified limitations, exceptions, conditions or modifications; Section 3(2)(b) may contain such transitional or other incidental or supplementary provision as the Attorney-General considers expedient. Section 3(3) For the purposes of an order made under this section any territory for the external relations of which a designated Commonwealth country ("a country designated for the purposes of this Act under;") is responsible may be treated as part of that country ("any state, territory or other part of the country concerned;") or, if the government of that country ("any state, territory or other part of the country concerned;") so requests, as a separate country ("any state, territory or other part of the country concerned;") . Section 3(4) An order made under this section shall be laid before the National Assembly without unreasonable delay and, if a resolution is passed within twenty...

Section 4. Extradition offences. Section 4(1)(a) it is an offence against the law of a requesting country ("a country making the request;") which, however described in that law, falls within any of the descriptions contained in the Schedule to this Act and is punishable under that law with imprisonment ("detention of any description by whatever name called;") for a term of twelve months or any greater punishment; and Section 4(1)(b) the act or omission constituting the offence, or the equivalent act or omission, would constitute an offence against the law of Kenya if it took place within Kenya or, in the case of an extra-territorial offence, in corresponding circumstances outside Kenya. Section 4(2) In determining for the purposes of this section whether an offence falls within a description contained in the Schedule to this Act, any special intent or state of mind or special circumstances of aggravating which may be necessary to constitute that offence under the relevant law shall be disregarded. Section 4(3) The descriptions contained in the Schedule to this Act include in each case offences of attempting or conspiring to commit, of assisting, counselling or procuring the commiss...

Section 5. Liability of fugitives tosurrender, etc. Section Every fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;") is liable, subject to this Act and to any limitations, exceptions, conditions or modifications to which the application of this Act in relation to the requesting country ("a country making the request;") is subject, to be arrested, detained, and surrendered in the manner provided by this Act and is so liable whether the offence in respect of which the surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") is sought is alleged to have been committed, or was committed, before or after the commencement of this Act or the application of this Act to the requesting country ("a country making the request;") .

Section 6. General restrictions onsurrender. Section 6(1)(a) the offence of which the fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;") is accused or was convicted is an offence of a political character; or Section 6(1)(b) the request ("a request made under subsection (1) ofof this Act by a designated Commonwealth country for the return of a fugitive, and") for his surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") (though purporting to be made on account of an extradition offence ) is in fact made for the purpose of prosecuting or punishing him on account of his race ("tribe;") , religion, nationality or political opinions; or Section 6(1)(c) that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race ("tribe;") , religion, nationality or political opinions. Section 6(2) A fugitive ("any person...

Section 7. Authority to proceed. Section 7(1) Subject to the provisions of this Act relating to provisional warrants, a fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;") shall not be dealt with in any manner under this Act except in pursuance of the written authority of the Director of Public Prosecutions, issued in pursuance of a request ("a request made under subsection (1) ofof this Act by a designated Commonwealth country for the return of a fugitive, and") made to the Director of Public Prosecutions by or on behalf of the government of the designated Commonwealth country ("a country designated for the purposes of this Act under;") in which such person is accused or was convicted. Section 7(2)(a) in the case of a fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an ex...

Section 8. Arrest for purposes of committal. Section 8(1)(a) on receipt of an authority to proceed ("a written authority issued under subsection (1) of;") ; or Section 8(1)(b) without an authority to proceed ("a written authority issued under subsection (1) of;") , upon information that the fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;") is or is believed to be in or on his way to Kenya. Section 8(2) A warrant of arrest ("a warrant issued under subsection (1) ofof this Act;") may be issued upon such evidence as would, in the opinion of the magistrate, authorize the issue of a warrant for the arrest of a person accused of committing a corresponding offence or, as the case may be, of a person alleged to be unlawfully at large after conviction of an offence, in Kenya. Section 8(3)(a) the magistrate who issues it shall forthwith give notice to the Director of Public Prosecutions, and transmit to him the information and evidence, or cert...

Section 9. Proceedings for committal. Section 9(1) A person arrested in pursuance of a warrant of arrest ("a warrant issued under subsection (1) ofof this Act;") shall (unless previously discharged under subsection (3) of section 8 ) be brought as soon as practicable before the Court. Section 9(2) If a person is arrested in pursuance of this Act and brought before a magistrate who has no power to exercise jurisdiction under this Act, that magistrate shall have power to order that person to be brought before some magistrate having such jurisdiction, and to remand or admit that person to bail, and effect shall be given to any such order. Section 9(3) For the purposes of proceedings under this section, the court shall have the like jurisdiction and powers, as nearly as may be, as it has in a trial. Section 9(4) Where a fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;") arrested in pursuance of a provisional warrant ("a warrant of arrest i...

Section 10. Application forhabeas corpus, etc. Section 10(1) Where a fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;") is committed to custody under section 9 , the court shall inform him of his right to make an application for habeas corpus and shall forthwith give notice of the committal to the Director of Public Prosecutions. Section 10(2)(a) in any case, until after the end of fifteen days beginning with the day on which the order for his committal to custody was made; Section 10(2)(b) if an application for habeas corpus is made in his case, so long as proceedings on that application are pending. Section 10(3)(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or Section 10(3)(b) by reason of the passage of time since he is alleged to have committed the offence or to have become unlawfully at large, as the case may be; or Section 10(3)(c) because the accusation against him is not made in goo...

Section 11. Warrant ofsurrender. Section 11(1)(a) the surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") is prohibited, or prohibited for the time being, by any of the provisions of this Act; or Section 11(1)(b) the Attorney-General decides under this section not to issue the warrant in his case. Section 11(2)(a) in the case of a fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;") serving such a sentence, until the sentence has been served; Section 11(2)(b) in the case of a fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;") charged with an offence, until after the charge has been disposed of or withdrawn and, if it results in a s...

Section 12. Discharge where delay in returning. Section 12(1)(a) in any case, of two months beginning with the first day on which, having regard to subsection (2) of section 10 , he could have been surrendered; or Section 12(1)(b) where a warrant of surrender ("a warrant issued under subsection (1) of") has been issued, of one month beginning with the day of the issue, he may, after giving at least one week’s notice to the Attorney-General, apply to the High Court for his discharge. Section 12(2) Where the High Court hears an application under subsection (1), and is satisfied that due notice has been given to the Attorney-General, it may, unless sufficient cause is shown to the contrary, order that the applicant be discharged from custody and, if a warrant of surrender ("a warrant issued under subsection (1) of") has been issued, quash that warrant.

Section 13. Custody. Section 13(1) A fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;") who is remanded or committed to custody under section 9 shall be committed to the like institution as a person charged with an offence before the Court. Section 13(2) If any person who is in custody by virtue any warrant issued under this Act escapes out of custody, he may be retaken in any part of Kenya in like manner as a person escaping from custody under a warrant for his arrest issued in respect of an offence committed therein. Section 13(3) A warrant of surrender ("a warrant issued under subsection (1) of") shall be sufficient authority for all persons to whom it is directed and all police officers to receive the fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition off...

Section 13A. Simplified extradition Section 13A(1) A fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;") criminal being sought by a requesting State may consent to be extradited to that requesting State without conducting formal extradition proceedings. Section 13A(2) Where a fugitive ("any person who is, or is suspected of being, in or on his way to Kenya and whose surrender is requested under this Act on the grounds that he is accused of, or is unlawfully at large after conviction for, an extradition offence committed within the jurisdiction of the requesting country;") criminal consents to be extradited under subsection (1), that person shall be advised of his or her rights and the legal consequences of the simplified extradition procedure and may expressly renounce his or her entitlement to the rule of speciality. Section 13A(3) The consent and, where appropriate, the renunciation of the entitlement to the rule of speciality shall b...

Section 14. Person returned not to be tried for other offence. Section the offence in respect of which he was returned; or

Section 15. Restoration of person not convicted. Section proceedings against him for the offence for which he was returned are not begun within the period of six months beginning with the day of his arrival in Kenya on his return; or

Section 16. Evidence. Section 16(1)(a) a document, duly authenticated, that purports to be an overseas warrant ("a judicial or other document, issued under the law of a requesting country, authorizing the arrest of a person accused or convicted of an offence;") shall be admissible in evidence; Section 16(1)(b) a document, duly authenticated, which purports to set out evidence given on oath in a designated Commonwealth country ("a country designated for the purposes of this Act under;") shall be admissible as evidence of the matters stated in it; Section 16(1)(c) a document, duly authenticated, which purports to have been received in evidence, or to be a copy of a document received in evidence, in proceedings in a designated Commonwealth country ("a country designated for the purposes of this Act under;") shall be admissible in evidence; Section 16(1)(d) a document, duly authenticated, which certifies that a person was convicted on a specified date of an offence under the law of a designated Common-wealth country ("any state, territory or other part of the country concerned;") shall be admissible as evidence of the fact and date of the conviction. Section 16(2)(a) in the case of a d...

Section 17. Amendment of Schedule. Section The Attorney-General may, by order, amend the Schedule by adding to it the description of any other offence, or by deleting any description from it.

Section 18. Regulations. Section The Attorney-General may make regulations prescribing the form of any warrant or order to be used under this Act.