Extradition (Commonwealth Countries) Act
Short title: This Act may be cited as the Extradition (Commonwealth Countries) Act.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 77
- Version
- 11 Dec 2023
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
Short title: This Act may be cited as the Extradition (Commonwealth Countries) Act. Provides definitions of terms used throughout the Act (for example: "application forhabeas corpus", "authority to proceed", "Central Authority", "country", "the Court", "designated Commonwealth country", "extradition offence", "fugitive", "imprisonment", "overseas warrant", "provisional warrant", "race", "request"/"requesting country", "surrender", "warrant of arrest", "warrant of surrender") and states rules in subsection (2) about treatment of convictions in absence and convictions for contumacy. The Attorney-General may, by order, designate countries (within the Commonwealth) for the purposes of this Act. Section 4 defines which foreign offences qualify for extradition: offences falling within the Schedule and punishable by at least twelve months' imprisonment in the requesting country, and acts that would be offences in Kenya (including extra‑territorial equivalents). When a fugitive is committed to custody under section 9 the court must inform him of his right to apply for habeas corpus and must promptly notify the Director of Public Prosecutions; the High Court may receive additional evidence on an application for habeas corpus.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Extradition (Commonwealth Countries) Act
Showing 19 of 19
Part I
PRELIMINARY
- 1 Verify source ↗
PRELIMINARY - 1. Short title.
AI-assisted research summary: Short title: This Act may be cited as the Extradition (Commonwealth Countries) Act.
Section 1. Short title. Section This Act may be cited as the Extradition (Commonwealth Countries) Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation.
AI-assisted research summary: Provides definitions of terms used throughout the Act (for example: "application forhabeas corpus", "authority to proceed", "Central Authority", "country", "the Court", "designated Commonwealth country", "extradition offence", "fugitive", "imprisonment", "overseas warrant", "provisional warrant", "race", "request"/"requesting country", "surrender", "warrant of arrest", "warrant of surrender") and states rules in subsection (2) about treatment of convictions in absence and convictions for contumacy.
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 extradition offence committed within the jurisdiction of the requesting country ("a country making the request;") ; "imprisonment" includes detention of any description by whatever name called; "overseas warrant" means a judicial or other document, issued under the law of a requesting country ("a country making the request;") , authorizing the arrest of a person accused or convicted of an offence; "provisional warrant" means a warrant of arrest ("a warrant issued under subsection (1) ofof this Act;") issued under paragraph (b) of subsection (1) of section 8 of this Act; "race" includes tribe; "request" means a request made under subsection (1) of section 7 of this Act by a designated Commonwealth country for the return of a fugitive, and "requesting country" means a country ("any state, territory or other part of the country concerned;") making the request ("a request made under subsection (1) ofof this Act by a designated Commonwealth country for the return of a fugitive, and") ; "surrender" means the surrender 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;") to a requesting country ("a country making the request;") in accordance with the provisions of this Act; "warrant of arrest" means a warrant issued under subsection (1) of section 8 of this Act; "warrant of surrender" means a warrant issued under subsection (1) of section 11 . Section 2(2)(a) a person convicted of an offence in his absence shall be treated as a person accused of an offence; Section 2(2)(b) a person shall be deemed not to have been convicted of an offence against the law of a requesting country ("a country making the request;") where the conviction is, under that law, a conviction for contumacy, but a person so convicted for contumacy shall be deemed to be accused of an offence against that law. - 3 Verify source ↗
PRELIMINARY - 3. Designated countries.
AI-assisted research summary: The Attorney-General may, by order, designate countries (within the Commonwealth) for the purposes of this Act.
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 days on which the National Assembly next sits after any such order is laid before it that the order be annulled, it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder, or to the making of a new order. - 4 Verify source ↗
PRELIMINARY - 4. Extradition offences.
AI-assisted research summary: Section 4 defines which foreign offences qualify for extradition: offences falling within the Schedule and punishable by at least twelve months' imprisonment in the requesting country, and acts that would be offences in Kenya (including extra‑territorial equivalents).
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 commission of or being accessory before or after the fact to the offence described, and of impeding the apprehension or prosecution of persons guilty of those offences.
Part II
RETURN OF FUGITIVES
- 10 Verify source ↗
RETURN OF FUGITIVES - 10. Application forhabeas corpus, etc.
AI-assisted research summary: When a fugitive is committed to custody under section 9 the court must inform him of his right to apply for habeas corpus and must promptly notify the Director of Public Prosecutions; the High Court may receive additional evidence on an application for habeas corpus.
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 good faith in the interests of justice, it would, having regard to all the circumstances, be unjust or oppressive to surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") him. Section 10(4) On an application for habeas corpus , the High Court may receive additional evidence relevant to the exercise of its jurisdiction under section 6 or under subsection (3). [Act No. 19 of 2023 , Sch.] - 11 Verify source ↗
RETURN OF FUGITIVES - 11. Warrant ofsurrender.
AI-assisted research summary: The Attorney‑General must not issue a warrant of surrender if it appears, on the grounds in section 10(3), that surrender would be unjust or oppressive; the Attorney‑General may instead order that the fugitive be held in custody where it would be dangerous to life or prejudicial to health to surrender him.
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 sentence of imprisonment ("detention of any description by whatever name called;") (not being a suspended sentence), the sentence has been served. Section 11(3) The Attorney-General shall not issue a warrant of surrender ("a warrant issued under subsection (1) of") if it appears to him, on the grounds specified in section 10 (3), that it would be unjust or oppressive to surrender the fugitive concerned. Section 11(4)(a) 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 convicted of an extradition offence not punishable with death in Kenya, and could be or has been sentenced to death for that offence in the requesting country ("a country making the request;") ; Section 11(4)(b) the relative seriousness of the offences in question; and Section 11(4)(b)(i) the relative seriousness of the offences in question; and Section 11(4)(b)(ii) the date on which each such request ("a request made under subsection (1) ofof this Act by a designated Commonwealth country for the return of a fugitive, and") , requisition or application was made; and Section 11(4)(b)(iii) the nationality or citizenship of 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;") and his ordinary residence, that preference should be given to the other request ("a request made under subsection (1) ofof this Act by a designated Commonwealth country for the return of a fugitive, and") , requisition or application. Section 11(5) Where the Attorney-General is of the opinion that it would be dangerous to the life or prejudicial to the health 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;") to surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") him, he may, in lieu of ordering that he be surrendered, by warrant, order that he be held in custody at the place where he is for the time being, or at any other place to which the Attorney-General considers that he can be removed without danger to his life or prejudice to his health, until such time as he can without such danger or prejudice be surrendered. Section 11(6) Notice of the issue of a warrant under this section shall forthwith be given to 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;") who is to be surrendered or held in custody under it and the warrant may be executed according to its tenor. - 12 Verify source ↗
RETURN OF FUGITIVES - 12. Discharge where delay in returning.
AI-assisted research summary: A person may, after giving at least one week’s notice to the Attorney-General, apply to the High Court for his discharge within the time limits specified or after a warrant of surrender has been issued.
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. - 13 Verify source ↗
RETURN OF FUGITIVES - 13. Custody.
AI-assisted research summary: A warrant of surrender is sufficient authority for its addressees and police officers to receive, detain and convey the fugitive into the requesting country.
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 offence committed within the jurisdiction of the requesting country;") , keep him in custody and convey him into the jurisdiction of the requesting country ("a country making the request;") . - 13A Verify source ↗
RETURN OF FUGITIVES - 13A. Simplified extradition
AI-assisted research summary: A fugitive may consent to simplified extradition to a requesting State; the fugitive may renounce the rule of speciality; a magistrate must record the consent and any renunciation and that record may not be revoked.
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 be recorded by a magistrate and may not be revoked. Section 13A(4) A copy of the consent referred to under subsection (3) shall be transmitted to the Central Authority with a view to arranging his or her surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") to the requesting State. Section 13A(5)(a) the opportunity to seek independent legal advice; and Section 13A(5)(b) an interpreter at no cost if 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;") criminal is unable to understand the language used. Section 13A(6)(a) outline the extraditable charges that it relates to; and Section 13A(6)(b) be witnessed by an adult of sound mind. Section 13A(7) For the purposes of this section "consent" means the manifestation of express, unequivocal, free, specific and informed indication of 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;") criminal’s wishes by a statement or by a clear affirmative action, signifying agreement to be extradited to the requesting state. [Act No. 10 of 2023 , Sch.] - 5 Verify source ↗
RETURN OF FUGITIVES - 5. Liability of fugitives tosurrender, etc.
AI-assisted research summary: Every fugitive is liable to be arrested, detained and surrendered in the manner provided by this Act, subject to the Act and any limitations or conditions relating to the requesting country.
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;") . - 6 Verify source ↗
RETURN OF FUGITIVES - 6. General restrictions onsurrender.
AI-assisted research summary: A fugitive shall not be surrendered, or committed to or kept in custody for surrender, if it appears to certain judicial or prosecutorial authorities that, if charged in Kenya, the fugitive would be entitled to be discharged under rules relating to previous acquittal or conviction.
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 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;") accused of an offence shall not be surrendered, or committed to or kept in custody for the purposes of surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") , if it appears to the court of committal, or to the High Court on an application for habeas corpus , or to the Attorney-General, that he would, if charged with that offence in Kenya, be entitled to be discharged under any rule of law relating to previous acquittal or conviction. Section 6(3)(a) the offence in respect of which his surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") is requested; or Section 6(3)(b) any lesser offence proved by the facts proved before the Court ("the Resident Magistrate’s Court;") of committal; or Section 6(3)(c) any other extradition offence in respect of which the Attorney-General may consent to his being so dealt with. Section 6(4) An arrangement of the kind mentioned in subsection (3) may be an arrangement made for the particular case or an arrangement of a more general nature; and for the purposes of that subsection a certificate issued by or under the authority of the Attorney-General confirming the existence of an arrangement with any country ("any state, territory or other part of the country concerned;") and stating its terms shall be conclusive evidence of the matters contained in the certificate. - 7 Verify source ↗
RETURN OF FUGITIVES - 7. Authority to proceed.
AI-assisted research summary: The Director of Public Prosecutions must issue a written authority to proceed on receiving a request relating to the return of a fugitive; the Director may refuse if it appears a warrant of surrender could not lawfully be made.
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 extradition offence committed within the jurisdiction of the requesting country;") accused of an extradition offence , 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;") issued in the requesting country ("a country making the request;") ; Section 7(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;") unlawfully at large after conviction of an extradition offence , a certificate of the conviction and sentence in the requesting country ("a country making the request;") , and a statement of the amount (if any) of that sentence which has been served, together (in each case) with particulars of 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;") concerned and of the facts upon which and the law under which he is accused or was convicted, and evidence sufficient to justify the issue of a warrant of arrest ("a warrant issued under subsection (1) ofof this Act;") . Section 7(3) On receiving a request ("a request made under subsection (1) ofof this Act by a designated Commonwealth country for the return of a fugitive, and") , the Director of Public Prosecutions may issue an authority to proceed ("a written authority issued under subsection (1) of;") , unless it appears to him that a warrant of surrender ("a warrant issued under subsection (1) of") in that case could not lawfully be made, or would not in fact be made, under this Act. [Act No. 19 of 2023 , Sch.] - 8 Verify source ↗
RETURN OF FUGITIVES - 8. Arrest for purposes of committal.
AI-assisted research summary: Magistrates may issue arrest warrants on sufficient evidence; magistrates must notify the Director of Public Prosecutions and transmit the evidence; the Director may, and must if he refuses to issue an authority to proceed, cancel the warrant and discharge the arrested fugitive; warrants may be executed anywhere in Kenya by the person directed or by a police officer; magistrates have like powers to search for property when the offence relates to property.
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 certified copies of the information and evidence, upon which the warrant was issued; and Section 8(3)(b) the Director of Public Prosecutions may in any case, and shall if he decides not to issue an authority to proceed ("a written authority issued under subsection (1) of;") , cancel the warrant, and discharge 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;") from custody if he has been arrested under the warrant. Section 8(4) Where a warrant of arrest ("a warrant issued under subsection (1) ofof this Act;") is issued in respect 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;") accused of an offence of stealing or receiving stolen property or any other offence in respect of property, a magistrate shall have the like power to issue a warrant to search for the property as if the offence had been committed in Kenya. Section 8(5) A warrant of arrest ("a warrant issued under subsection (1) ofof this Act;") may be executed in any place in Kenya by any person to whom it is directed or by any police officer. [Act No. 19 of 2023 , Sch.] - 9 Verify source ↗
RETURN OF FUGITIVES - 9. Proceedings for committal.
AI-assisted research summary: Section 9 sets procedures for committal of fugitives: magistrates may transfer or remand arrested persons; the court has trial-like powers; if the court lacks authority to proceed it may fix a period and discharge a fugitive if no authority arrives; the court must commit a fugitive to await surrender if satisfied of sufficient evidence or conviction, otherwise discharge; the court may direct delivery of a fugitive's property on surrender.
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 issued under paragraph (b) of subsection (1) ofof this Act;") is in custody and the court has not received an authority to proceed ("a written authority issued under subsection (1) of;") , it may fix a reasonable period (of which it shall give notice to theDirector of Public Prosecutions) after which it will discharge 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;") from custody if it has not received an authority to proceed ("a written authority issued under subsection (1) of;") . Section 9(5)(a) where 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 of the offence, that the evidence would be sufficient to warrant his trial for that offence if it had been committed in Kenya; or Section 9(5)(b) where 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 alleged to be unlawfully at large after conviction of the offence, that he has been so convicted and appears to be so at large, the court shall, unless his committal is prohibited by any other provision of this Act, commit him to custody to await his surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") , but if the court is not so satisfied, or if the committal is so prohibited, the court shall discharge him from custody. Section 9(6) Any property in the possession 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;") committed to custody under this section at the time of his apprehension that may be material as evidence in proving the offence for which his surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") is requested shall, if the court so directs, be delivered up with him on his surrender ("the surrender of a fugitive to a requesting country in accordance with the provisions of this Act;") . [Act No. 13 of 1982 , 2nd Sch, Act No. 19 of 2023 , Sch.]
Part III
TREATMENT OF PERSONS RETURNED TO KENYA
- 14 Verify source ↗
TREATMENT OF PERSONS RETURNED TO KENYA - 14. Person returned not to be tried for other offence.
AI-assisted research summary: Person returned not to be tried for other offence.
Section 14. Person returned not to be tried for other offence. Section the offence in respect of which he was returned; or - 15 Verify source ↗
TREATMENT OF PERSONS RETURNED TO KENYA - 15. Restoration of person not convicted.
AI-assisted research summary: A person returned to Kenya is restored if proceedings for the offence for which he was returned are not begun within six months from the day of his arrival in Kenya.
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
Part IV
SUPPLEMENTAL
- 16 Verify source ↗
SUPPLEMENTAL - 16. Evidence.
AI-assisted research summary: Certain duly authenticated overseas documents "shall be admissible in evidence."
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 document purporting to set out evidence given in a designated Commonwealth country ("a country designated for the purposes of this Act under;") , if the document purports to be certified by a judge or magistrate or officer in or of that country ("any state, territory or other part of the country concerned;") to be the original document containing or recording that evidence or a true copy of such a document; Section 16(2)(b) in the case of a document 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;") , if the document purports to be certified as foresaid to have been, or to be a true copy of a document which has been, so received; Section 16(2)(c) in the case of a document which certifies that a person was convicted on a specified date of an offence under the law of a designated Commonwealth country ("a country designated for the purposes of this Act under;") , if the document purports to be certified as aforesaid, and in any such case the document is authenticated either by the oath of a witness or by the official seal of a Cabinet Secretary, secretary or other officer administering a department of the Government of the country ("any state, territory or other part of the country concerned;") concerned. Section 16(3) For the purposes of this section "oath" includes affirmation and nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section. - 17 Verify source ↗
SUPPLEMENTAL - 17. Amendment of Schedule.
AI-assisted research summary: The Attorney-General may, by order, amend the Schedule by adding descriptions of offences or deleting descriptions from it.
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. - 18 Verify source ↗
SUPPLEMENTAL - 18. Regulations.
AI-assisted research summary: The Attorney-General may make regulations prescribing the form of any warrant or order to be used under this Act.
Section 18. Regulations. Section The Attorney-General may make regulations prescribing the form of any warrant or order to be used under this Act.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Extradition (Commonwealth Countries) Act
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in