Extradition (Commonwealth Countries) Act

LAWS OF KENYA
THE EXTRADITION (COMMONWEALTH COUNTRIES) ACT
CAP. 77
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Extradition (Commonwealth Countries) Act
Cap. 77
Legislation as at 11 December 2023
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Share widely and freely.

Extradition (Commonwealth Countries) Act (Cap. 77)
Contents
Part I – PRELIMINARY ....................................................................................................................................................................................... 1
1. Short title. ................................................................................................................................................................................................... 1
2. Interpretation. ............................................................................................................................................................................................ 1
3. Designated countries. ............................................................................................................................................................................. 2
4. Extradition offences. ...............................................................................................................................................................................

......................................................................................................................................................

2
Part II – RETURN OF FUGITIVES ................................................................................................................................................................... 3
5. Liability of fugitives to surrender, etc. ............................................................................................................................................. 3
6. General restrictions on surrender. ..................................................................................................................................................... 3
7. Authority to proceed. .............................................................................................................................................................................. 4
8. Arrest for purposes of committal. ...................................................................................................................................................... 4
9. Proceedings for committal. ................................................................................................................................................................... 5
10.

................................................................................................................................................ 5
10.

Application for habeas corpus, etc. ................................................................................................................................................ 5
11. Warrant of surrender. ........................................................................................................................................................................... 6
12. Discharge where delay in returning. .............................................................................................................................................. 7
13. Custody. ..................................................................................................................................................................................................... 7
13A. Simplified extradition ........................................................................................................................................................................ 7
Part III – TREATMENT OF PERSONS RETURNED TO KENYA ............................................................................................................... 8
14. Person returned not to be tried for other offence.

............................................................................................. 8
14. Person returned not to be tried for other offence.

................................................................................................................... 8
15. Restoration of person not convicted. ............................................................................................................................................. 8
Part IV – SUPPLEMENTAL ................................................................................................................................................................................ 8
16. Evidence. ................................................................................................................................................................................................... 8
17. Amendment of Schedule. .................................................................................................................................................................... 9
18. Regulations. .............................................................................................................................................................................................. 9
SCHEDULE [s.

....................................................................................................................................... 9
SCHEDULE [s.

4] ................................................................................................................................................................................................... 9

.................................................................................................................................................... 9

Extradition (Commonwealth Countries) Act (Cap. 77) Kenya
EXTRADITION (COMMONWEALTH COUNTRIES) ACT
CAP. 77
Assented to on 27 December 1968
Commenced on 30 December 1968
[Amended by Protection of Aircraft Act (Cap. 68) on 1 June 1972]
[Amended by Criminal Procedure (Amendment) Act, 1982 (Act No. 13 of 1982) on 10 December 1982]
[Amended by Statute Law (Miscellaneous Amendments) Act, 1983 (Act No. 11 of 1983) on 9 December 1983]
[Amended by Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A) on 28 June 2010]
[Amended by Prevention of Organised Crimes Act (Cap. 59) on 23 September 2010]
[Amended by Prevention of Terrorism Act (Cap. 59B) on 24 October 2012]
[Amended by Prevention of Torture Act (Cap. 88) on 20 April 2017]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
[Amended by Anti-Money Laundering and Combating of Terrorism Financing
Laws (Amendment) Act, 2023 (Act No. 10 of 2023) on 15 September 2023]
[Amended by Statute Law (Miscellaneous Amendment) Act, 2023 (Act No.

m Financing
Laws (Amendment) Act, 2023 (Act No. 10 of 2023) on 15 September 2023]
[Amended by Statute Law (Miscellaneous Amendment) Act, 2023 (Act No.

19 of 2023) on 11 December 2023]
An Act of Parliament to make provision for the surrender by Kenya to other Commonwealth countries of
persons accused or convicted of offences in those countries, to regulate the treatment of persons accused
or convicted of offences in Kenya who are returned to Kenya from such countries; and for purposes
incidental thereto and connected therewith
Part I – PRELIMINARY
1. Short title. This Act may be cited as the Extradition (Commonwealth Countries) Act. 2. Interpretation. (1) In this Act, unless the context otherwise requires—
"application for habeas 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.

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 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 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;
"imprisonment" includes detention of any description by whatever name called;
1

n offence committed within the jurisdiction of the requesting
country;
"imprisonment" includes detention of any description by whatever name called;
1

Extradition (Commonwealth Countries) Act (Cap. 77) Kenya
"overseas warrant" means 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;
"provisional warrant" means a warrant of arrest 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 making the request;
"surrender" means the surrender of a fugitive to a requesting country 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.

eans 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.

(2) For the purposes of this Act—
(a) a person convicted of an offence in his absence shall be treated as a person accused of an
offence;
(b) a person shall be deemed not to have been convicted of an offence against the law of a
requesting country 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. [Act No. 10 of 2023, Sch.]
3. Designated countries. (1) The Attorney-General may, by order, designate for the purposes of this Act any country that is, at
the date of such order, within the Commonwealth. (2) An order under subsection (1)—
(a) may be made subject to any specified limitations, exceptions, conditions or modifications;
(b) may contain such transitional or other incidental or supplementary provision as the
Attorney-General considers expedient. (3) For the purposes of an order made under this section any territory for the external relations of
which a designated Commonwealth country is responsible may be treated as part of that country or,
if the government of that country so requests, as a separate country.

d Commonwealth country is responsible may be treated as part of that country or,
if the government of that country so requests, as a separate country.

(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. Extradition offences. (1) For the purposes of this Act, an offence is an extradition offence if—
(a) it is an offence against the law of a requesting country 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 for a term of twelve months or any greater punishment;
and
2

contained in the Schedule to this Act and is punishable
under that law with imprisonment for a term of twelve months or any greater punishment;
and
2

Extradition (Commonwealth Countries) Act (Cap. 77) Kenya
(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. (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. (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
5. Liability of fugitives to surrender, etc.

peding the apprehension or
prosecution of persons guilty of those offences. Part II – RETURN OF FUGITIVES
5. Liability of fugitives to surrender, etc.

Every fugitive 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 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 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. 6. General restrictions on surrender.

ommitted, before or
after the commencement of this Act or the application of this Act to the requesting country. 6. General restrictions on surrender.

(1) A fugitive shall not be surrendered, or committed to or kept in custody for the purposes of
surrender, 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—
(a) the offence of which the fugitive is accused or was convicted is an offence of a political
character; or
(b) the request for his surrender (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, religion, nationality or political opinions; or
(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, religion, nationality or political opinions. (2) A fugitive accused of an offence shall not be surrendered, or committed to or kept in custody for the
purposes of surrender, 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.

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.

(3) A fugitive shall not be surrendered, or committed to or kept in custody for the purposes of
surrender, unless provision is made by the law of the requesting country, or by an arrangement
made with that country, for securing that he will not, unless he has first been restored or had an
opportunity of returning to Kenya, be dealt with in that country for or in respect of any offence
committed before his surrender, other than—
(a) the offence in respect of which his surrender is requested; or
(b) any lesser offence proved by the facts proved before the Court of committal; or
(c) any other extradition offence in respect of which the Attorney-General may consent to his
being so dealt with. (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
3

ubsection (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
3

Extradition (Commonwealth Countries) Act (Cap. 77) Kenya
a certificate issued by or under the authority of the Attorney-General confirming the existence of
an arrangement with any country and stating its terms shall be conclusive evidence of the matters
contained in the certificate. 7. Authority to proceed. (1) Subject to the provisions of this Act relating to provisional warrants, a fugitive 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 made to the Director of Public Prosecutions
by or on behalf of the government of the designated Commonwealth country in which such person
is accused or was convicted.

ctor of Public Prosecutions
by or on behalf of the government of the designated Commonwealth country in which such person
is accused or was convicted.

(2) There shall be furnished with any request—
(a) in the case of a fugitive accused of an extradition offence, an overseas warrant issued in the
requesting country;
(b) in the case of a fugitive unlawfully at large after conviction of an extradition offence, a
certificate of the conviction and sentence in the requesting country, and a statement of
the amount (if any) of that sentence which has been served, together (in each case) with
particulars of the fugitive 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. (3) On receiving a request, the Director of Public Prosecutions may issue an authority to proceed,
unless it appears to him that a warrant of surrender 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. Arrest for purposes of committal. (1) A warrant for the arrest of a fugitive may be issued by a magistrate—
(a) on receipt of an authority to proceed; or
(b) without an authority to proceed, upon information that the fugitive is or is believed to be in
or on his way to Kenya.

an authority to proceed; or
(b) without an authority to proceed, upon information that the fugitive is or is believed to be in
or on his way to Kenya.

(2) A warrant of arrest 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. (3) Where the warrant of arrest issued in respect of a fugitive is a provisional warrant—
(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
(b) the Director of Public Prosecutions may in any case, and shall if he decides not to issue an
authority to proceed, cancel the warrant, and discharge the fugitive from custody if he has
been arrested under the warrant. (4) Where a warrant of arrest is issued in respect of a fugitive 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.

spect 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.

(5) A warrant of arrest 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.]
4

A warrant of arrest 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.]
4

Extradition (Commonwealth Countries) Act (Cap. 77) Kenya
9. Proceedings for committal. (1) A person arrested in pursuance of a warrant of arrest shall (unless previously discharged under
subsection (3) of section 8) be brought as soon as practicable before the Court. (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. (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. (4) Where a fugitive arrested in pursuance of a provisional warrant is in custody and the court has not
received an authority to proceed, it may fix a reasonable period (of which it shall give notice to
theDirector of Public Prosecutions) after which it will discharge the fugitive from custody if it has
not received an authority to proceed.

notice to
theDirector of Public Prosecutions) after which it will discharge the fugitive from custody if it has
not received an authority to proceed.

(5) Where the court has received an authority to proceed in respect of a fugitive arrested, and it is
satisfied, after hearing any evidence tendered in support of the request for the surrender or on
behalf of the fugitive, that the offence to which the authority to proceed relates is an extradition
offence, and if further satisfied—
(a) where the fugitive 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
(b) where the fugitive 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,
but if the court is not so satisfied, or if the committal is so prohibited, the court shall
discharge him from custody. (6) Any property in the possession of a fugitive 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 is
requested shall, if the court so directs, be delivered up with him on his surrender.

ial as evidence in proving the offence for which his surrender is
requested shall, if the court so directs, be delivered up with him on his surrender.

[Act No. 13 of 1982, 2nd Sch, Act No. 19 of 2023, Sch.]
10. Application for habeas corpus, etc. (1) Where a fugitive 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. (2) A fugitive shall not be surrendered—
(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;
(b) if an application for habeas corpus is made in his case, so long as proceedings on that
application are pending.

is committal to custody was made;
(b) if an application for habeas corpus is made in his case, so long as proceedings on that
application are pending.

(3) On an application for habeas corpus, the High Court may, without prejudice to any other jurisdiction
vested in it, order the fugitive to be discharged from custody if it appears to the High Court that—
(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or
(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
(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 him. 5

m 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 him. 5

Extradition (Commonwealth Countries) Act (Cap. 77) Kenya
(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. Warrant of surrender. (1) Where a person is committed to await his surrender and is not discharged by order of the High
Court, the Attorney-General may by warrant order him to be surrendered to the requesting country,
unless—
(a) the surrender is prohibited, or prohibited for the time being, by any of the provisions of this
Act; or
(b) the Attorney-General decides under this section not to issue the warrant in his case. (2) A warrant of surrender shall not be issued in respect of a fugitive if he is serving a sentence of
imprisonment, or is charged with an offence, in Kenya—
(a) in the case of a fugitive serving such a sentence, until the sentence has been served;
(b) in the case of a fugitive charged with an offence, until after the charge has been disposed
of or withdrawn and, if it results in a sentence of imprisonment (not being a suspended
sentence), the sentence has been served.

rge has been disposed
of or withdrawn and, if it results in a sentence of imprisonment (not being a suspended
sentence), the sentence has been served.

(3) The Attorney-General shall not issue a warrant of surrender 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. (4) The Attorney-General may decide not to issue a warrant of surrender if—
(a) the fugitive 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;
(b) another country, besides the country in consequence of whose request the fugitive was
committed, has made a request for his surrender, or has made a requisition for his surrender
under Part II of the Extradition (Contiguous and Foreign Countries) Act (Cap.

a request for his surrender, or has made a requisition for his surrender
under Part II of the Extradition (Contiguous and Foreign Countries) Act (Cap.

76), or has
applied for the endorsement of a warrant or the issue of a provisional warrant under Part III
of that Act, and it appears to the Attorney-General, having regard to all the circumstances of
the case and in particular—
(i) the relative seriousness of the offences in question; and
(ii) the date on which each such request, requisition or application was made; and
(iii) the nationality or citizenship of the fugitive and his ordinary residence, that
preference should be given to the other request, requisition or application. (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 to surrender 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.

at 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.

(6) Notice of the issue of a warrant under this section shall forthwith be given to the fugitive who is to
be surrendered or held in custody under it and the warrant may be executed according to its tenor. 6

hall forthwith be given to the fugitive who is to
be surrendered or held in custody under it and the warrant may be executed according to its tenor. 6

Extradition (Commonwealth Countries) Act (Cap. 77) Kenya
12. Discharge where delay in returning. (1) If a fugitive committed to await his surrender is in custody in Kenya under this Act after the
expiration—
(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
(b) where a warrant of surrender 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. (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 has been issued, quash
that warrant. 13. Custody. (1) A fugitive 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.

o 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.

(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. (3) A warrant of surrender shall be sufficient authority for all persons to whom it is directed and all
police officers to receive the fugitive, keep him in custody and convey him into the jurisdiction of
the requesting country. 13A. Simplified extradition
(1) A fugitive criminal being sought by a requesting State may consent to be extradited to that
requesting State without conducting formal extradition proceedings. (2) Where a fugitive 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. (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.

onsent and, where appropriate, the renunciation of the entitlement to the rule of speciality
shall be recorded by a magistrate and may not be revoked.

(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 to the requesting State. (5) Prior to executing a consent under this section, a fugitive criminal shall be afforded —
(a) the opportunity to seek independent legal advice; and
(b) an interpreter at no cost if the fugitive criminal is unable to understand the language used. (6) A consent obtained under this section shall —
(a) outline the extraditable charges that it relates to; and
(b) be witnessed by an adult of sound mind. (7) For the purposes of this section "consent" means the manifestation of express, unequivocal, free,
specific and informed indication of the fugitive 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.]
7

’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.]
7

Extradition (Commonwealth Countries) Act (Cap. 77) Kenya
Part III – TREATMENT OF PERSONS RETURNED TO KENYA
14. Person returned not to be tried for other offence. A person who is accused or convicted of an offence under the Law of Kenya, and who is returned to Kenya
from a designated Commonwealth country under a law of that country corresponding with this Act, shall
not be dealt with in Kenya for or in respect of any offence committed before he was returned to Kenya,
other than—
(a) the offence in respect of which he was returned; or
(b) any lesser offence proved by the facts proved for the purposes of securing his return; or
(c) any other offence in respect of which the government of the country from which he was returned
may consent to his being dealt with, during the period beginning with the day of his arrival in
Kenya on his return and ending forty-five days after the first subsequent day on which he has the
opportunity to leave Kenya. 15. Restoration of person not convicted.

urn and ending forty-five days after the first subsequent day on which he has the
opportunity to leave Kenya. 15. Restoration of person not convicted.

Where a person accused of an offence under the law of Kenya is returned to Kenya from a designated
Commonwealth country under a law of that country corresponding to this Act, and either—
(a) 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
(b) on his trial for that offence he is acquitted or is discharged under section 35 of the Penal Code (Cap. 63), the Attorney-General may, if he thinks fit, on the request of the person, arrange for him to be
sent back free of charge and with as little delay as possible to that country. Part IV – SUPPLEMENTAL
16. Evidence.

the person, arrange for him to be
sent back free of charge and with as little delay as possible to that country. Part IV – SUPPLEMENTAL
16. Evidence.

(1) In any proceedings under this Act, including proceedings on an application for habeas corpus—
(a) a document, duly authenticated, that purports to be an overseas warrant shall be admissible
in evidence;
(b) a document, duly authenticated, which purports to set out evidence given on oath in a
designated Commonwealth country shall be admissible as evidence of the matters stated in
it;
(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 shall be admissible in evidence;
(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 shall be admissible
as evidence of the fact and date of the conviction.

ecified
date of an offence under the law of a designated Common-wealth country shall be admissible
as evidence of the fact and date of the conviction.

(2) A document shall be deemed to be duly authenticated for the purposes of subsection (1)—
(a) in the case of a document purporting to set out evidence given in a designated
Commonwealth country, if the document purports to be certified by a judge or magistrate
or officer in or of that country to be the original document containing or recording that
evidence or a true copy of such a document;
8

or magistrate
or officer in or of that country to be the original document containing or recording that
evidence or a true copy of such a document;
8

Extradition (Commonwealth Countries) Act (Cap. 77) Kenya
(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,
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;
(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, 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 concerned. (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. Amendment of Schedule. 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.

. 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. Regulations. The Attorney-General may make regulations prescribing the form of any warrant or order to be used under
this Act. SCHEDULE [s. 4]
DESCRIPTION OF EXTRADITION OFFENCES
[Act No. 18 of 1970, s. 11, Act No. 11 of 1983, Sch., Act No. 9 of 2009, 6th Sch., Act No. 6
of 2010, s. 24, Act No. 30 of 2012, s. 52, Act No. 12 of 2017, s. 27, Act No. 10 of 2023, Sch.]
1. Murder of any degree. 2. Manslaughter or culpable homicide. 3. An offence against the law relating to abortion. 4. Maliciously or wilfully wounding or inflicting grievous bodily harm. 5. Assault occasioning actual bodily harm. 6. Rape. 7. Unlawful sexual intercourse with a female. 8. Indecent assault. 9. Procuring, or trafficking in women or young persons for immoral purposes. 10. Bigamy. 11. Kidnapping, abduction or false imprisonment, or dealing in slaves. 12. Stealing, abandoning, exposing or unlawfully detaining a child. 13. Bribery. 14. Perjury or subornation of perjury or conspiring to defeat the course of justice. 15. Arson or fire-raising. 16. An offence concerning counterfeit currency. 9

or subornation of perjury or conspiring to defeat the course of justice. 15. Arson or fire-raising. 16. An offence concerning counterfeit currency. 9

Extradition (Commonwealth Countries) Act (Cap. 77) Kenya
17. An offence against the law relating to forgery. 18. Stealing, embezzlement, fraudulent conversion, fraudulent false accounting, obtaining property or credit
by false pretences, receiving stolen property or any other offence in respect of property involving fraud. 19. Burglary, housebreaking or any similar offence. 20. Robbery. 21. Blackmail or extortion by means of threats or by abuse of authority. 22. An offence against bankruptcy law or company law. 23. Malicious or wilful damage to property. 24. Acts done with the intention of endangering vehicles, vessels or aircraft. 25. An offence against the law relating to dangerous drugs or narcotics. 26. Piracy. 27. Revolt against the master of a ship or the commander of an aircraft. 28. Contravention of import or export prohibitions relating to precious stones, gold and other precious
metals. 29. Hijacking and offences committed in relation thereto. 30. Offences relating to aircraft set out in section 5 of the Protection of Aircraft Act (Cap. 68). 31. Any offence that constitutes an offence of money laundering under the Proceeds of Crime and Anti-Money
Laundering Act (Cap. 59A).

t Act (Cap. 68). 31. Any offence that constitutes an offence of money laundering under the Proceeds of Crime and Anti-Money
Laundering Act (Cap. 59A).

32. Organised Criminal Group Offences. 33. Any offence that constitutes a terrorist act under the Prevention of Terrorism Act (Cap. 59B). 34. Offences of torture and other cruel, inhuman or degrading treatment or punishment. 35. Any offence that constitutes a terrorist act or any offence under sections 4A , 4B, 5, 8, 9, 9A , 14A under
the Prevention of Terrorism Act (Cap. 59B). 10