SCHEDULE
EXTRADITION TREATY BETWEEN THE REPUBLIC OF KENYA AND THE REPUBLIC OF RWANDA
THE GOVERNMENT OF THE REPUBLIC OF KENYA AND THE GOVERNMENT OF THE REPUBLIC OF RWANDA
DESIRING to improve the effectiveness of both countries in combating crime through co-operation and mutual assistance in extradition matters, HAVE AGREED AS FOLLOWS—Article 1 – Scope of Application
The contracting parties engage to deliver up to each other those persons who, being accused or convicted of a crime committed in the territory of one party, shall be found within the territory of the other party under the circumstances and conditions stated in the present Treaty.Article 2 – Extraditable Crimes
The crimes for which extradition is to be granted are the following—1.Murder and attempt and conspiracy to murder.2.Manslaughter and other offences relating to causing death.3.Wounding or inflicting grievous bodily harm.4.Assault occasioning actual bodily harm and other aggravated assaults punishable by imprisonment of five years or more.5.Rape, defilement and unlawful carnal knowledge.7.Abortion and offences related thereto.9.Kidnapping and false imprisonment.11.Escape from lawful custody or confinement.12.Offences relating to narcotics.13.Offences relating to traffic in dangerous drugs.14.Malicious damages to property.16.Counter-feiting and altering money and offences related thereto.17.Forgery, counter-feiting, altering and uttering what is forged or counter-feited or altered.18.Theft and other offences relating to stealing.19.Fraudulent conversion.20.Burglary and housebreaking, robbery and robbery with violence.21.Threats by letter or otherwise with intent to extort.22.Obtaining money or goods by false pretences.23.Perjury and subordination of perjury.24.Bribery and corruption.25.Fraudulent misappropriation and fraud.26.Handling stolen property.27.Conspiracy to commit a felony.28.Piracy by law of nations.29.Sinking or destroying a vessel at sea or an aircraft in the air or attempting or conspiring to do so.30.Assault on board of a ship on the high seas or an aircraft in the air with intent to destroy life or to do grievous harm.31.Hijacking and offences committed in relation thereto.32.Offences relating to foreign exchange transactions.33.Offences relating to customs and excise transactions.34.Unlawful killing of wildlife, poaching and related offences.35.Counselling, procuring, aiding and abetting or being an accessory before or after the fact to any of the foregoing.For avoidance of doubt extradition is also to take place for attempting or participating in any of the aforesaid crimes, provided such participation is punishable by the laws of both the contracting parties.Article 3 – Grounds of Refusal
Extradition may not be granted—(a)if the offence in respect of which it is requested is regarded by the requested party as a political offence;(b)if the person wanted has been previously convicted or acquitted in the territory of a third State in respect of the offence for which extradition is requested;(c)if the wanted person has, according to the law of either the requested or the requesting contracting party, become immune because of lapse of time from prosecution or punishment for the offence for which extradition is requested.Article 4
Extradition of Own Subject Each contracting party reserves the right to refuse to grant the surrender of its own subjects to the other party, in which case the requested party will, on the request of the requesting party, submit that matter to competent authorities for appropriate legal proceedings.The requesting party will be informed of the reserved implementation of this request.Article 5 – The Request and Supporting Documents
1.The request for extradition shall be communicated through diplomatic channels.2.If the person is charged, the request shall be supported by—(a)the original or an authenticated copy of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting party;(b)a statement of the offence(s) for which extradition is requested, the time and place of their commission, their legal description and a reference to the relevant legal provisions;(c)a copy of the relevant legal provisions applicable to the offence(s);(d)a description of the wanted person, together with any other available information such as his photograph, and fingerprints, which will help to establish his identity and nationality.3.If the person is convicted, the procedure shall be as in the case of a charged person, but the request shall be supported by the original or authenticated copy of the sentence or order of conviction.4.If the information communicated by the requesting party is found to be insufficient to allow the requested party to make a decision, the requested party may request the necessary supplementary information, which shall be supplied by the requesting party within three months. This time limit may, by mutual consent, be extended by another month for valid reasons.Article 6 – Provisional Arrest
1.In case of urgency, the competent authorities of the requesting party may request the provisional arrest of the persons sought before sending the extradition documents.2.The request for provisional arrest shall state that one of the documents mentioned in paragraph 2(a) of Article 5 exists and that it is intended to send a request for extradition.It shall also state for what offence extradition will be requested and when and where such offence was committed and shall so far as possible give a description of the person sought.3.The request shall be communicated to the competent authorities of the requested party either through diplomatic channels or direct by post or telegraph or through the International Criminal Police Organization (INTERPOL) or by any other means affording evidence in writing or accepted by the requesting party.4.The requesting party shall be informed without delay of the result of its request.5.Provisional arrest may be terminated if the extradition documents are not received by the requested party within forty days of the arrest. The period of provisional arrest may be extended by at least twenty days if the requesting party so requests.6.If the extradition documents are received within the time limit prescribed, the provisional arrest shall continue until the competent authorities of the requested party decide on the request for extradition and if the request is accepted, until the surrender of the person sought.7.Release of the wanted person shall not prejudice re-arrest and extradition if a request for extradition is received subsequently.Article 7 – Arrest
1.On receipt of the extradition documents, the person named in the documents shall be arrested and detained until the competent authorities of the requested party decide on the CAP. 76 Extradition (Contiguous and Foreign Countries) extradition and, if the extradition is granted, until the time of his being surrendered.2.Extradition shall be granted in the case of an indicated person, only if the commission of the offence is established in such a way that according to the laws of the country where the fugitive is found his arrest or imprisonment would be justified if the offence had been committed in that country, and in the case of a condemned person, if sufficient proof is given according to the laws of the country where the fugitive is found to establish that he was convicted.3.If the produced documents or the supplied information are insufficient or incomplete, the necessary additional information will be requested by the competent authority in charge of the matter in the requested party in accordance with the procedure laid down in paragraph 2. If the additional information sought has not been supplied in two months from the date of receipt, the fugitive will be released.Article 8 – Authentication of Supporting Documents
The warrants, statements, testimonies and exhibits issued or acquired on the territory of one of the contracting parties, authenticated copies of these documents, the certificates and other judicial documents proving the perpetration of the offence or the conviction will be received as valid evidence in the proceedings of the other party, if they are signed or accompanied by an authenticity certificate issued by the prosecutor, a magistrate or any other competent authority from the State where they were issued or obtained.Article 9 – Conflicting Requests
If extradition is requested concurrently by more than one State and by one of the contracting parties, for the same offence or for different offences, the requested party shall make its decision according to its laws having regard to all circumstances and especially the nationality of the person wanted, the place of commission and the relative seriousness of the offences, the respective dates of the requests and the possibility of subsequent extradition to a third State.Article 10 – Postponed or Conditional Surrender
1.If the wanted person is being prosecuted or has already been convicted in the territory of the requested party for an offence other than that for which extradition is requested, the requested party may, after making its decision on the request for extradition, postpone the surrender of the wanted person until the proceedings come to an end or until the sentence is served, remitted or the wanted person is pardoned.2.If the postponement of surrender may hinder greatly the proceedings or in special circumstances make it necessary, the requested party may temporarily surrender the wanted person to the requesting party in order that the prosecution may be completed and an eventual sentence awarded.The person thus surrendered shall be kept under arrest in the territory of the requesting party and shall be sent back to the requested party at the latest within three months of the provisional surrender.Article 11 – Special Provisions
A person who has been extradited shall not be prosecuted for any political offence committed in the requesting State prior to his extradition.Article 12 – Translation of Documents
Each of the contracting parties shall draw up documents relating to extradition according to their laws and regulations. Such documents shall be accompanied by a translation made in the official language of the requested party.Article 13 – Surrender of the Indicated or Convicted Person
1.The requested party shall inform the requesting party of its decision on the request for extradition.2.If the request is accepted, the requested party shall inform the requesting party of the place and date of surrender and of the length of time during which the person wanted has been kept under arrest with a view to surrender. The interval between the date of notification and that of surrender shall be at least ten days except when the contracting parties agree otherwise.3.The person to be extradited shall be released if he has not been taken over on the appointed date if the requesting party has not, within ten days of the appointed date, requested a postponement which shall not exceed fifteen days.4.If the extradited person surrendered escapes and returns to the territory of the requested party, his extradition may be requested again without the necessity of presenting the documents mentioned in Article 6 of this Treaty.Article 14 – Handing over of Property
1.The requested party shall seize and hand over, in so far as its law permits, the articles and valuables—(a)which have been used in committing the offence or which may be used as evidence;(b)which have been acquired as a result of the offence and which, at the time of arrest, are found in the possession of the proceeds claimed or are discovered subsequently; or(c)which have been obtained in exchange for the property or proceeds thereof acquired as a result of the offence.The articles and valuables in question shall be handed over with the person surrendered or, if this is not possible afterwards.2.The articles and valuables mentioned in paragraph 1 of this Article shall be handed over even if extradition once accepted cannot be carried out owing to the death or escape of the person wanted.3.The requested party may postpone handing over of the articles or valuables mentioned in paragraph 1 of this Article, by reason of bringing criminal proceedings or may hand them over on condition that they will be returned.4.Any rights which the requested party or third parties in the territory of the requested party may have acquired in the said articles or valuables shall be preserved.Article 15 – Expenses
1.Expenses incurred up to the moment of surrendering the person extradited shall be borne by the requested party and the expenses incurred after that period shall be borne by the requesting party.2.All expenses relating to the handing over of articles and valuables shall be borne by the requesting party.Article 16 – Consultation
The contracting States shall promptly, at the request of either party, consult each other concerning the interpretation or the application of any provision of this Treaty to a particular case.Article 17 – Disapplication of 1923 Treaty
The Extradition Treaty concluded on 8th August, 1923, between the Governments of Great Britain and Belgium shall cease to have effect, upon the coming into force of this Treaty.Article 18 – Transitional
All on going proceedings commenced pursuant to the disapplied Treaty shall continue as proceedings under that Treaty.Article 19 – Entry into Force
This Treaty shall enter into force thirty days after the date on which the contracting States have notified each other in writing that their respective requirements for the entry into force of this Treaty have been complied with.Article 20 – Amendment
This Treaty may be amended by mutual agreement of the contracting parties.Article 21 – Termination
Either party may terminate this Treaty by giving written notice to the other party at any time. Termination shall become effective six months after receipt of such notice.
