Order Applying Part II to the Republic of Finland

Legal Notice 51 of 1970

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LAWS OF KENYA

EXTRADITION (CONTIGUOUS AND FOREIGN COUNTRIES) ACT

ORDER APPLYING PART II TO THE REPUBLIC OF FINLAND

LEGAL NOTICE 51 OF 1970

  • Commenced on 20 March 1970
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
WHEREAS an agreement has been made between the Government of Kenya and Government of the Republic of Finland that, pending the conclusion of a new Agreement between the two Governments, the Extradition Treaty concluded on 30th May, 1924, between Finland and the United Kingdom, should continue to be applied between Kenya and the Republic of Finland;AND WHEREAS the terms of the said Extradition Treaty are set forth in the Schedule to this Order;NOW THEREFORE, in exercise of the powers conferred upon Attorney-General by section 3 of the Extradition (Contiguous and Foreign Countries) Act, it is hereby declared that Part II of the said Act shall apply in the case of the Republic of Finland.
 

SCHEDULE

Article I

The High Contracting Parties engage to deliver up to each other, under certain circumstances and conditions stated in the present treaty, those persons who, being accused or convicted of any of the crimes of offences enumerated in Article II, committed within the jurisdiction of the one Party, shall be found within the territory of the other Party.

Article II

Extradition shall be reciprocally granted for the following crimes of offences—
1.Murder (including assassination, parricide, infanticide, poisoning), or attempt to murder.
2.Manslaughter.
3.Administering drugs or using instruments with intent to procure the miscarriage of women.
4.Rape.
5.Unlawful carnal knowledge, or any attempt to have unlawful carnal knowledge, of a girl under 15 years of age.
6.Kidnapping and false imprisonment.
7.Child stealing, including abandoning, exposing or unlawfully detaining.
8.Abduction.
9.Procuration.
10.Bigamy.
11.Maliciously wounding or inflicting grievous bodily harm.
12.Assault occasioning actual bodily harm.
13.Threats, by letter or otherwise, with intent to extort money or other things of value.
14.Perjury, or subornation of perjury.
15.Arson.
16.Burglary or housebreaking, robbery with violence, larceny or embezzlement.
17.Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company, or fraudulent conversion, if such crimes or offences, according to the laws of the High Contracting Parties, are extradition crimes or offences.
18.Obtaining money, valuable security, or goods by false pretences, receiving any money, valuable security or other property, knowing the same to have been stolen or feloniously obtained, if such crimes or offences, according to the laws of the High Contracting Parties, are extradition crimes or offences.
19.Counterfeiting or altering money, or bringing into circulation counterfeited or altered money.
20.Forgery, or uttering what is forged.
21.Crimes against bankruptcy law, which, according to the laws of the High Contracting Parties are extradition crimes.
22.Any malicious act done with intent to endanger the safety of any persons travelling or being upon a railway.
23.Malicious injury to property, if such offence be indictable.
24.Piracy and other crimes or offences committed at sea against persons or things which, according to the laws of the High Contracting Parties, are extradition crimes or offences.
25.Dealing in slaves in such manner as to constitute a crime or offence against the laws of both States.The extradition is also to be granted for participation in any of the aforesaid crimes or offences, provided such participation be punishable by the laws of both Contracting Parties.Extradition may also be granted at the discretion of the State applied to in respect of any other crime or offence for which, according to the laws of both the Contracting Parties for the time being in force, the grant can be made.

Article III

In no case nor on any consideration whatever shall the High Contracting Parties be bound to surrender their own subjects, whether by birth or naturalization.

Article IV

The extradition shall not take place if the person claimed has already been tried and discharged or punished, or is still under trial in the State applied to, for the crime or offence for which his extradition is demanded.If the person claimed should be under examination or under punishment in the State applied to for any other crime or offence, 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 offence 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 applying or applied to.

Article VI

A fugitive criminal shall not be surrendered if the crime or 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 a crime or offence of a political character.

Article VII

A person surrendered can in no case be kept in custody or be brought to trial in the State to which the surrender has been made for any other crime or offence, or on account of any other matters, than those for which the extradition shall have taken place, until he has been restored, or has had an opportunity of returning, to the State by which he has been surrendered.This stipulation does not apply to crimes or offences 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 or offence 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, provided that a sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.

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.

Article X

A criminal fugitive may be apprehended under a warrant issued by any police magistrate, justice of the peace, or other competent authority in either State, 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 or offence 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, exercises jurisdiction. He shall, in accordance with this article, be discharged, if within the term of thirty days a requisition for extradition shall not have been made by the diplomatic agent of the State claiming his extradition 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 or offences specified in this treaty, and committed on the high seas on board any vessel of either State which may come into a port of the other.

Article XI

The extradition shall take place 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 or offence had been committed in the territory of the same State, or to prove that the prisoner is the identical person convicted by the courts of the State which makes the requisition, and that the crime or offence of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by the State applied to; and no criminal shall be surrendered until after the expiration of fifteen days from the date of his committal to prison to await the warrant for his surrender.

Article XII

In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the State applied to shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in the other State, or copies thereof, and likewise the warrants and sentences issued therein, or copies thereof, and certificates of, or judicial documents stating the fact of a conviction, provided the same are authenticated as follows—
1.A warrant, or copy thereof, must purport to be signed by a judge, magistrate, or officer of the other State, or purport to be certified under the hand of a judge, magistrate or officer the other State to be a true copy thereof, as the case may require.
2.Depositions or affirmations, or the copies thereof, must purport to be certified, under the hand of a judge, magistrate, or officer of the other State, to be the original depositions or affirmations, or to be true copies thereof, as the case may require.
3.A certificate of, or judicial document stating the fact of a conviction must purport to be certified by a judge, magistrate, or officer of the other State.In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated, either by the oath of some witness, or by being sealed with the official seal of the Minister of Justice or some other Minister of the other State, or by any other mode of authentication for the time being permitted by the law of the State to which the application for extradition is made.

Article XIII

If the individual claimed by one of the 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 within their respective jurisdictions, his extradition shall be granted to the State whose claim is earliest in date, unless such claim is waived.

Article XIV

If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive, or within such further time as the State applied to, or the proper tribunal thereof, shall direct, the fugitive shall be set at liberty.

Article XV

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, and any articles that may serve as a proof of the crime or offence shall be given up when the extradition takes place, in so far as this may be permitted by the law of the State granting the extradition.

Article XVI

Each of the High Contracting Parties shall defray the expenses occasioned by the arrest within its territories, the detention, and the conveyance to its frontier, of the persons whom it may have consented to surrender in pursuance of the present Treaty.
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History of this document

31 December 2022 this version
20 March 1970
Commenced