SCHEDULE
Article I
The High Contracting Parties engage to deliver up to each other those persons who, being accused or convicted of a crime committed in the territory of the one Party, shall be found within the territory of the other Party, under the circumstances and conditions stated in the present Treaty.Article II
The crimes for which the extradition is to be granted are the following—1.Murder, or attempt to murder.3.Counterfeiting or altering money, uttering or bringing into circulation counterfeit or altered money.4.Forgery or counterfeiting, or altering or uttering what is forged or counterfeited or altered; comprehending the crimes designated in the German Penal Code as counterfeiting or falsification of paper-money, bank notes or other securities, forgery or falsification of other public or private documents, likewise the uttering or bringing into circulation or wilfully using such counterfeited, forged, or falsified papers.5.Embezzlement or larceny.6.Obtaining money or goods by false pretences.7.Crimes by bankrupts against bankruptcy law; comprehending the crimes designated in the German Penal Code as bankruptcy liable to prosecution.8.Fraud by a bailee, banker, agent, factor, trustee, or director, or member or public officer of any company, made criminal by any law for the time being in force.12.Burglary or housebreaking.14.Robbery with violence.15.Threats by letter, or otherwise, with intent to extort.16.Sinking or destroying a vessel at sea, or attempting to do so.17.Assaults on board a ship on the high seas, with intent to destroy life, or to do grievous bodily harm.18.Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the master.The extradition is also to take place for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both the Contracting Parties.Article III
No German shall be delivered up by the German Government to the Government of Kenya; and no subject of Kenya shall be delivered up by the Government thereof to the German Government.Article IV
The extradition shall not take place if the person claimed on the part of the Government of Kenya, or the person claimed on the part of the German Government, has already been tried and discharged or punished, or is still under trial, in Germany, or in Kenya, respectively, for the crime for which his extradition is demanded.If the person claimed on the part of the Government of Kenya, or if the person claimed on the part of the German Government, should be under examination for any other crime in Germany, or in Kenya, respectively, his extradition shall be deferred until the conclusion of the trial, and the full execution of any punishment awarded to him.Article V
The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal prosecution or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applied to.Article VI
A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he proves that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.Article VII
A person surrendered can in no case be kept in prison, or be brought to trial in the State to which the surrender has been made, for any other crime or on account of any other matters than those for which the extradition shall have taken place.This stipulation does not apply to crimes committed after the extradition.Article VIII
The requisition for extradition shall be made through the Diplomatic Agents of the High Contracting Parties, respectively.The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there.If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed against the convicted person by the competent Court of the State that makes the requisition for extradition.A requisition for extradition cannot be founded on sentences passed in contumaciam.Article IX
If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugitive.The prisoner is then to be brought before a competent Magistrate, who is to examine him and to conduct the preliminary investigations of the case, just as if the apprehension had taken place for a crime committed in the same country.Article X
The extradition shall not take place before the expiration of fifteen days from the apprehension, and then only if the evidence be found sufficient, according to the laws of the State applied to, either to justify the committal of the prisoner for trial, in case the crime had been committed in the territory of the said State, or to prove that the prisoner is the identical person convicted by the Courts of the State which makes the requisition.Article XI
In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the State applied to shall admit as entirely valid evidence the sworn depositions or statements of witnesses taken in the other State, or copies thereof, and likewise the warrants and sentences issued therein, provided such documents are signed or certified by a Judge, Magistrate, or Officer of such State, and are authenticated by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of State.Article XII
If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive, he shall be set at liberty.Article XIII
All articles seized, which were in the possession of the person to be surrendered at the time of his apprehension, shall, if the competent authority of the State applied to for the extradition has ordered the delivery thereof, be given up when the extradition takes place, and the said delivery shall extend not merely to the stolen articles, but to everything that may serve as a proof of the crime.Article XIV
The High Contracting Parties renounce any claim for the reimbursement of the expenses incurred by them in the arrest and maintenance of the person to be surrendered, and his conveyance till placed on board ship; they reciprocally agree to bear such expenses themselves.
