SCHEDULE
Article I
The High Contracting Parties engage to deliver up to each other reciprocally any persons who, being accused or convicted of any of the crimes specified in the Article following, committed within the territory of either of the said Parties, shall be found within the territory of the other, in the manner and under the conditions determined in the present Treaty.Article II
The crimes for which the extradition is agreed to are the following—1.Murder, or attempt or conspiracy to murder, comprising the crimes designated by the Italian Penal Code as the association of criminals for the commission of such offences.2.Manslaughter, comprising the crimes designated by the Italian Penal Code as wounds and blows wilfully inflicted which cause death.3.Counterfeiting or altering money, and uttering or bringing into circulation counterfeit or altered money.4.Forgery, counterfeiting or altering, or uttering of the thing or document that is forged or counterfeited or altered.5.Larceny, or unlawful abstraction or appropriation.6.Obtaining money or goods by false pretences (cheating or fraud).8.Fraud, abstraction, or unlawful appropriation by a bailee, banker, agent, factor, trustee, director, or member, or officer of any public or private company or house of commerce.12.Burglary and housebreaking, comprising the crimes designated by the Italian Penal Code as entry by night, or even by day, with fracture or escalade, or by means of false key or other instrument, into the dwelling of another person with intent to commit a crime.14.Robbery with violence.15.Threats by letter or otherwise, with intent to extort money or anything else.16.Piracy, according to international law, when the pirate, a subject of neither of the High Contracting Parties, has committed depredations on the coasts, or on the high seas, to the injury of citizens of the requiring party, or when, being a citizen of the requiring party, and having committed acts of piracy, to the injury of a third State, he may be within the territory of the other party, without being subjected to trial.17.Sinking or destroying, or attempting to sink or destroy, a vessel at sea.18.Assaults on board a ship on the high seas with intent to kill or to do grievous bodily harm.19.Revolt or conspiracy by two or more persons on board a ship on the high seas, against the authority of the master.Accomplices before the fact in any of these crimes shall, moreover, also be delivered up, provided their complicity be punishable by the laws of both the Contracting Parties.Article III
The Italian Government shall not deliver up any Italian to Kenya and no subject of Kenya shall be delivered up by it to the Italian Government.Article IV
In any case where an individual convicted or accused shall have obtained naturalization in either of the two Contracting States after the commission of the crime, such naturalization shall not prevent the search for, arrest, and delivery of the individual. The extradition may, however, be refused if five years have elapsed from the concession of naturalization and the individual has been domiciled, from the concession thereof, in the State to which the application is made.Article V
No accused or convicted person shall be given up if the offence for which he is claimed is political; or if he proves that the demand for his surrender has been made with the intention of trying and punishing him for a political offence.Article VI
The extradition shall not be granted if, since the commission of the crime, the commencement of proceedings, or the conviction, such a length of time has elapsed as to bar the penal prosecution or the punishment, according to the laws of the State to which application is made.Article VII
The accused or convicted person who has been given up shall not, until he has been liberated, or had an opportunity of returning to the country in which he was living, be imprisoned or subjected to trial in the State to which he has been given up, for any crime or on any charge other than that on account of which the extradition took place.This does not apply to offences committed after the extradition.Article VIII
If the individual claimed is under prosecution or in custody for a crime committed in the country where he has taken refuge, his surrender may be deferred until the law has taken its course.In case he should be proceeded against or detained in such country on account of obligations contracted with private individuals, or any other civil claim, his surrender shall nevertheless take place, the injured party retaining his right to prosecute his claims against him before the competent authority.Article IX
The requisitions for extradition shall be made, respectively, by means of the Diplomatic Agents of the High Contracting Parties.The demand for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State applying for the extradition, and by such proof as, according to the law of the place where the fugitive is found, would justify his arrest if the crime has been committed there.If the requisition relates to a person convicted, it must be accompanied by the sentence of condemnation of the competent Court of the State applying for the extradition.The demand for extradition must not be founded upon a sentence in contumacia.Article X
If the demand for extradition be made according to the foregoing stipulations, the competent authorities of the State, to which the requisition is made, shall proceed to arrest the fugitive.The prisoner shall be taken before the competent magistrate, who shall examine him, and make the preliminary investigations of the affair, in the same manner as if the arrest had taken place for a crime committed in the same country.Article XI
In the examinations to be made in conformity with the preceding stipulations, the authorities of the State to which the demand is addressed shall admit, as entirely valid evidence, the documents and depositions taken on oath in the other State or copies of them, and likewise the warrants and sentences issued there; provided that 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 stamped with the official seal of the Department of Justice or some other Department of State.Article XII
If, within two months from the arrest of the accused, sufficient evidence be not produced for his extradition he shall be liberated.Article XIII
The extradition shall not take place until the expiration of fifteen days after the arrest, and then only if the evidence has been found sufficient, according to the laws of the State to which the demand is addressed, to justify the committal of the prisoner for trial in case the crime had been committed in the territory of that State; or to show that the prisoner is the identical person condemned by the Tribunals of the State which demands him.Article XIV
If the prisoner be not given up and taken away within two months from his apprehension or from the decision of the Court upon the demand for a writ of habeas corpus in Kenya, he shall be set at liberty, unless sufficient cause be shown for the delay.Article XV
If the individual claimed by one of the two Contracting Parties, in conformity with the present Treaty, should be also claimed by another or by other States on account of crimes committed in their territories, his surrender shall, in preference, be granted, according to priority of demand, unless an agreement be made between the Governments which make the requisition, either on account of the gravity of the crimes committed, or for any other reason.Article XVI
Every article found in the possession of the prisoner at the time of his arrest shall be seized, in order to be delivered up with him. Such delivery shall not be limited to the property or articles obtained by the robbery or fraudulent bankruptcy, but shall include everything that may serve as evidence of the crime; and it shall take place even when the extradition, after having been ordered, cannot take effect either on account of the escape or the death of the delinquent.Article XVII
The High Contracting Parties renounce all claim for repayment of the expenses incurred for the arrest and maintenance of the person to be given up, and for his conveyance on board a ship; such expenses shall be borne by themselves respectively.Article XVIII
(Not applicable.)Article XIX
The High Contracting Parties declare that the present stipulations apply as well to persons accused or convicted, whose crimes, on account of which the extradition is demanded, may have been committed previously, as to those whose crimes may be committed subsequently to the date of this Treaty.
