SCHEDULE
Article I
The Government of Kenya engages to deliver up, under the circumstances and on the conditions stipulated in the present Treaty, all persons, and the Government of Spain engages to deliver up, under the like circumstances and conditions, all persons, excepting their own subjects, who, having been charged with, or convicted by the Tribunals of one of the two High Contracting Parties of the crimes or offences enumerated in Article II, committed in the territory of the one party, and who shall be found within the territory of the other.Article II
The extradition shall be reciprocally granted for the following crimes or offences—1.Murder (including assassination, parricide, infanticide, poisoning, or attempt to murder).3.Administering drugs or using instruments with intent to procure the miscarriage of women.5.Unlawful carnal knowledge or any attempt to have unlawful carnal knowledge of a girl under sixteen years of age. Indecent assault.6.Kidnapping and false imprisonment, child-stealing, abandoning, exposing, or unlawfully detaining children.9.Wounding or inflicting grievous bodily harm.10.Assaulting a magistrate, or peace or public officer.11.Threats by letter or otherwise with intent to extort money or other things of value.12.Perjury or subornation of perjury.14.Burglary or house-breaking, robbery with violence, larceny or embezzlement.15.Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company made criminal by any law for the time being in force.16.Obtaining money, valuable security, or goods by false pretences; receiving any money, valuable security, or other property, knowing the same to have been unlawfully obtained.17.(a)Counterfeiting or altering money, or bringing into circulation counterfeited or altered money.(b)Forgery, or counterfeiting or altering or uttering what is forged, counterfeited, or altered.(c)Knowingly making without lawful authority any instrument, tool, or engine adapted and intended for the counterfeiting of coin of the realm.18.Crimes against Bankruptcy Law.19.Any malicious act done with intent to endanger persons in a rail train.20.Malicious injury to property, if such offence be indictable.21.Crimes committed at sea—(a)piracy by the law of nations;(b)sinking or destroying a vessel at sea, or attempting or conspiring to do so;(c)revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master;(d)assault on board a ship on the high seas with intent to destroy life, or to do grievous bodily harm.22.Dealing in slaves in such manner as to constitute an offence against the laws of both countries.The extradition is also to take place for participation in any of the aforesaid crimes as an accessory before or after the fact, provided such participation be punishable by the laws of both Contracting Parties.Article III
The present Treaty shall apply to crimes and offences committed prior to the signature of the Treaty; but a person surrendered shall not be tried for any crime or offence committed in the other country before the extradition, other than the crime for which his surrender has been granted.Article IV
No person shall be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he proves to the satisfaction of the competent authority of the State in which he is that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of political character.Article V
In the States of Spain, excepting the provinces or possessions beyond sea, the proceedings for demanding and obtaining the extradition shall be as follows—The Diplomatic Representative of Kenya shall send to the Minister for Foreign Affairs (Ministro de Estado) with the demand for extradition, an authenticated and legalized copy of the sentence or of the warrant of arrest against the person accused, clearly showing the crime or offence for which proceedings are taken against the fugitive. This judicial document shall be accompanied, if possible, by a description of the person claimed, and any other information or particulars that may serve to identify him.These documents shall be communicated by the Minister for Foreign Affairs to the Minister of Grace and Justice, by whose Department, after examining the documents and finding that there is reason for the extradition, an order will be issued granting it, and directing the arrest of the person claimed and his delivery to the Kenya authorities.In virtue of the said Order the Minister of the Interior (Ministro de la Gobernacion) will adopt the fitting measures for the arrest of the fugitive, and when this has taken place, the person claimed shall be placed at the disposal of the Diplomatic Representative who has demanded his extradition, and he shall be taken to the part of the frontier or to the seaport where the Agent appointed for the purpose by the Government of Kenya is ready to take charge of him.In case the documents furnished by the said Government for the identification of the person claimed, or the information obtained by the Spanish authorities for the same purpose, should be considered insufficient, immediate notice thereof shall be given to the Diplomatic Representative of Kenya, and the person under arrest shall be detained until the Government of Kenya shall have furnished fresh evidence to prove his identity or to clear up any other difficulty relative to the examination and decision of the affair.Article VI
In Kenya the manner of proceeding, in order to demand and obtain extradition, shall be as follows—(a)In the case of a person accused—The requisition for the surrender shall be made to the Kenya Minister for Foreign Affairs by the Diplomatic Representative of Spain. The said demand shall be accompanied by a warrant of arrest or other equivalent judicial document issued by a Judge or Magistrate duly authorised to take cognisance of the acts charged against the accused in Spain, and duly authenticated depositions or statements taken on oath before such Judge or Magistrate, clearly setting forth the said acts, and containing a description of the person claimed, and any particulars which may serve to identify him.The said Minister shall transmit such documents to the Attorney-General, who shall then, by order under his hand and seal, signify to some Magistrate that such requisition has been made, and require him, if there be due cause, to issue his warrant for the apprehension of the fugitive. On the receipt of such order from the Attorney-General and on the production of such evidence as would, in the opinion of the magistrate, justify the issue of the warrant if the crime had been committed in Kenya, he shall issue his warrant accordingly.When the person claimed shall have been apprehended, he shall be brought before the magistrate who issued the warrant, or some other Magistrate. If the evidence to be then produced shall be such as to justify, according to the law of Kenya, the committal for trial of the prisoner, if the crime of which he is accused had been committed in the United Kingdom, the Magistrate shall commit him to prison to await the warrant of the Attorney-General for his surrender; sending immediately to the Attorney-General a certificate of the committal and a report upon the case.After the expiration of a period from the committal of the prisoner, which shall never be less than fifteen days, the Attorney-General shall, by order under his hand and seal, order the fugitive criminal to be surrendered to such person as may be duly authorized to receive him on the part of the Spanish Government.(b)In the case of a person convicted—The course of proceeding shall be the same as above indicated, except that the warrant to be transmitted by the Diplomatic Representative of Spain in support of his requisition shall clearly set forth the crime or offence of which the person claimed has been convicted, and state the place and date of his conviction.The evidence to be produced before the magistrate shall be such as would, according to the law of Kenya, prove that the prisoner was convicted of the crime charged.(c)Persons convicted by judgment in default or arret de contumace, shall be, in the matter of extradition, considered as persons accused, and, as such, be surrendered.(d)After the magistrate shall have committed the accused or convicted person to prison to await the order of the Attorney-General for his surrender, such person shall have the right to apply for a writ of habeas corpus, if he should so apply, his surrender must be deferred until after the decision of the Court upon the return to the writ and even then can only take place if the decision is adverse to the applicant. In the latter case the Court may at once order his delivery to the person authorized to receive him, without the order of the Attorney-General for his surrender, or commit him to prison to await such order.Article VII
Warrants, depositions, or statements on oath, issued or taken in the dominions of either of the two High Contracting Parties and copies thereof, and certificates of or judicial documents stating the facts of conviction, shall be received in evidence in proceedings in the dominions of the other, if purporting to be signed or certified by a Judge, Magistrate, or officer of the country where they were issued or taken, provided such warrants, depositions, statements, copies, certificates, and judicial documents 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 VIII
A fugitive criminal may be apprehended under a warrant issued by any Magistrate, Justice of the Peace, or other competent authority, in either country, on such information or complaint, and such evidence, or after such proceedings as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime had been committed or the person convicted in that part of the dominions of the two Contracting Parties in which the magistrate, Justice of the Peace, or other competent authority exercising jurisdiction;Provided, however, that, in Kenya, the accused shall, in such case, be sent as speedily as possible before a magistrate. He shall in accordance with this Article be discharged, as well in Spain as in Kenya, if within the term of thirty days a requisition for extradition shall not have been made by the Diplomatic Agent of his country in accordance with the stipulations of this Treaty.The same rule shall apply to the cases of persons accused or convicted of any of the crimes of offences specified in this Treaty, and committed on the high seas on board any vessel of either country which may come into a port of the other.Article IX
If the fugitive criminal who has been committed to prison be not surrendered and conveyed away within two months after such committal, or within two months after the adverse decision of the Court upon the return to a writ of habeas corpus in Kenya, he shall be discharged from custody, unless sufficient cause be shown to the contrary.Article X
In the provinces beyond sea, colonies and other possessions beyond sea of the two High Contracting Parties, the manner of proceeding shall be as follows—The requisition for extradition of the fugitive criminal who has taken refuge in an over- sea province, colony, or possession of either of the two Contracting Parties, shall be made to the Governor or chief authority of such province, colony or possession by the chief Consular Officer of the other State in such province, colony or possession; or, if the fugitive has escaped from an over-sea province, colony, or possession of the State on whose behalf the extradition is demanded, by the Governor or chief authority of such province, colony or possession.In these cases the provisions of this Treaty shall be observed as far as possible by the respective Governors or chief authorities, who, however, shall be at liberty either to grant the extradition or to refer the decision of the matter to the Governments of their respective countries.Article XI
In cases where it may be necessary, the Spanish Government shall be represented at the Kenya courts by the Attorney-General, and the Kenya Government in the Spanish Courts by the Public Prosecutor (Ministerio Fiscal).The respective Governments will give assistance to the Diplomatic Representative who claim their intervention for the custody and security of the persons subject to extradition.Article XII
The claim for extradition shall not be complied with if the individual claimed has already been tried for the same offence in the country whence the extradition is demanded, or if, since the commission of the acts charged, the accusation or the conviction, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of that country.Article XIII
If the individual claimed by one of the two High Contracting Parties in pursuance of the present Treaty should be also claimed by one or several other powers, on account of other crimes or offences committed upon their respective territories, his extradition shall be granted to that State whose demand is earliest in date; unless any other arrangement should exist between the different Governments to determine the preference, either on account of the gravity of the crime or offence, or for any other reason.Article XIV
If the individual claimed should be under prosecution, or have been condemned for a crime or offence committed in the country where he may have taken refuge, his surrender may be deferred until he shall have been set at liberty in due course of law.In case he should be proceeded against or detained in such country, on account of obligations contracted towards private individuals, the extradition shall nevertheless take place.Article XV
Every article found in the possession of the individual claimed at the time of his arrest, shall, if the competent authority so decide, be seized, in order to be delivered up with his person at the time when the extradition takes place. Such delivery shall not be limited to the property or articles obtained by stealing or by fraudulent bankruptcy, but shall extend to everything that may serve as proof of the crime or offence, and shall take place even when the extradition, after having been granted, cannot be carried out by reason of the escape or death of the individual claimed.The rights of third parties with regard to the said property or articles are nevertheless reserved.Article XVI
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 as far as the frontier; they reciprocally agree to bear such expenses themselves.
