The Government of the Republic of Kenya and the Government of People's Republic of China desiring to promote an effective cooperation between the two countries with the intent of suppressing crime on the basis of mutual respect for sovereignty, equality and mutual benefit, considering that this purpose can be achieved through the conclusion of a bilateral Treaty establishing rules on extradition matters.

Have agreed as follows:

Article 1

OBLIGATION TO EXTRADITE

Each Party undertakes to extradite to the other, in accordance with the provisions of this Treaty and at the request of the Requesting Party, persons found in its territory and wanted by the other Party for the purpose of conducting criminal proceedings against or executing sentence imposed on that person.

Article 2

EXTRADITABLE OFFENCES

1. Extradition shall not be granted unless the conduct for which the extradition is sought constitutes an offence under the laws of both Parties and meets one of the following conditions:

2. In determining whether a conduct constitutes an offence under the laws of both Parties in accordance with paragraph 1 of this Article, it shall not matter whether the laws of the both Parties place the conduct within the same category of offence or describe the offence by the same terminology.

3. If the request for extradition concerns two or more conducts each of which constitutes an offence under the laws of both Parties and at least one of which fulfils the conditions provided for in paragraph 1 of this Article, the Requested Party may grant extradition for all of those conducts.

4. In respect of offences relevant to taxes and duties, customs duties and foreign exchange, extradition shall not be refused only on the ground that the laws of the Requested Party do not impose the same kind of taxes and duties or do not contain the same type of provisions in connection with taxes, duties, customs duties and foreign exchange as the laws of the Requesting Party.

Article 3

MANDATORY GROUNDS FOR REFUSAL

Extradition shall be refused if:

Article 4

DISCRETIONARY GROUNDS FOR REFUSAL

Extradition may be refused if;

Article 5

REFUSAL OF EXTRADITION OF NATIONALS

1. Each Party has discretion to refuse extradition of its nationals.

2. If the extradition is not granted pursuant to paragraph 1 of this Article, the Requested Party shall, if the Requesting Party so requests, submit the case to its competent authorities with a view to institution of criminal proceedings against the person under its domestic law. For this purpose, the Requesting Party shall provide the Requested Party with documents and evidence relating to the case.

3. The Requested Party shall communicate promptly to the Requesting Party the action taken and the results of the proceedings.

Article 6

CHANNELS OF COMMUNICATION

1. For the purpose of this Treaty, the Parties shall communicate with each other through their respectively designated authorities unless otherwise provided for in this Treaty.

2. The designated authorities referred to in paragraph 1 of this Article shall be the Office of the Attorney-General for the Republic of Kenya and the Ministry of Foreign Affairs for the People’s Republic of China.

Article 7

REQUEST FOR EXTRADITION AND REQUIRED DOCUMENTS

1. The request for extradition shall be made in writing, and in duplicate, and shall include the following:

2. In addition to the provisions of paragraph 1 of this Article, the request for extradition shall be accompanied by:

3. The letter of request for extradition and other relevant documents submitted by the Requesting Party in accordance with paragraphs 1 and 2 of this Article shall be officially signed or sealed by the competent authority of the Requesting Party and be accompanied by translations into the language of the Requested Party except that the both Parties have agreed otherwise.

Article 8

ADDITIONAL INFORMATION

If the Requested Party considers that the information furnished in support of a request for extradition is not sufficient, the Party may request that additional information be furnished within for twenty-five days. If the Requesting Party fails to submit additional information within that period, it shall be considered as having renounced its request voluntarily. However, the Requesting Party shall not be precluded from making a new request for extradition of the same person for the same offence.

Article 9

AUTHENTICATION

Any documents submitted under this Treaty shall be considered as duly authenticated if signed and or sealed by the competent authority of the Requesting Party.

Article 10

PROVISIONAL ARREST

1. In case of urgency, one Party may make a request to the other Party for the provisional arrest of the person sought before making a request for extradition. Such request may be submitted in writing through the channels provided for in Article 6 of this Treaty, the International Criminal Police Organization (INTERPOL) or other channels agreed by both Parties.

2. The request for provisional arrest shall contain contents referred to in paragraph 1 of Article 7 of this Treaty, a statement of the existence of documents referred to in paragraph 2 of Article 7 and a statement that a formal request for extradition of the person sought will follow.

3. The Requested Party shall, without delay, inform the Requested Party of the result of its handling of the request.

4. Provisional arrest and any coercive measures imposed shall be terminated if, within the period of forty-five days after the arrest of the person sought, the Requested Party has not received the formal request for extradition.

5. The termination of provisional arrest and any coercive measures imposed pursuant to paragraph 4 of this Article shall not prejudice the extradition of the person sought if, the Requested Party hassubsequently received the formal request for extradition.

Article 11

DECISION ON THE REQUEST FOR EXTRADITION.

1. The Requested Party shall handle the request for extradition in accordance with the procedures provided for by its domestic law, and shall promptly inform the Requesting Party of its decision.

2. If the Requested Party refuses the whole or any Party of the request for extradition, the reasons for refusal shall be notified to the Requesting Party.

Article 12

SURRENDER OF THE PERSON TO BE EXTRADITED.

1. If the extradition has been granted by the Requested Party, the Parties shall agree on the date, time, place and other relevant matters relating to the execution of the extradition. Meanwhile, the Requested Party shall inform the Requesting Party of the period of time for which the person to be extradited has been detained prior to the surrender.

2. If the Requesting Party has not taken over the person to be extradited within fifteen days after the date agreed for the execution of the extradition, the Requested Party shall release that person immediately and may refuse a new request by the Requesting Party for extradition of that person for the same offence, unless otherwise provided for in paragraph 3 of this Article.

3. If a Party fails to surrender or take over the person to be extradited within the agreed period for reasons beyond its control, the other Party shall be notified promptly. The Parties shall once again the relevant matters for the execution of the extradition, and agree o n the provisions of paragraph 2 of this Article shall apply.

Article 13

RE-EXTRADITION

Where the person under extradition escapes back to the Requested Party before criminal proceedings are terminated or his sentence is served in the Requested Party, that person may be re-executed upon a new request for extradition made by the Requesting Party in respect of the same offence and the Requesting Party need not submit the documents and material provided for in Article 7 of this Treaty.

Article 14

POSTPONED EXTRADITION AND TEMPORARY EXTRADITION

1. The Requested Party may, after making its decision on the request for extradition, postpone the surrender of the person sought, in order to proceed against that person, or, if that person has already been convicted, in order to enforce a sentence imposed for an offence other than that which extradition is sought. In such a case, the Requested Party shall inform the Requesting Party accordingly.

2. If the postponement of the extradition may seriously impede the criminal proceedings in the Requesting Party, the Requested Party may, upon request and to the extent that its ongoing criminal proceedings are not hindered, temporarily extradite the person sought to the Requesting Party provided that the Requesting Party undertakes to return that person unconditionally and immediately upon conclusion of the relevant proceedings.

Article 15

REQUESTS FOR EXTRADITION MADE BY SEVERAL STATES

Where requests are made by two or more states including one Party for extradition of the same person either for the same offence or or different offences, the Requested Party, in determining to which State the person is to be extradited, shall consider all relevant circumstances, in particular:

Article 16

RULE OF SPECIALITY

1. The person extradited in accordance with this Treaty shall not be proceeded against or subject to the execution of sentence in the Requesting Party for an offence committed by that person before his extradition other than that for which the extradition is granted, nor shall that person be extradited to a third state, unless:

2. If the categorization of the offence for which the person was extradited is subsequently changed, that person may be prosecuted provided that the offence under its revised category is based substantially on the same facts contained in the extradition request and its supporting documents.

Article 17

HANDOVER PROPERTY

1. If the Requesting Party so requests, the Requested Party shall, to the extent permitted by its domestic law, seize the proceeds and instrumentalities of the offence and other property which may serve as evidence found in its territory, and when extradition is granted, shall handover these properties to the Requesting Party.

2. When the extradition is granted, the property referred to in paragraph 1 of this Article may nevertheless be handed over even if the extradition cannot be carried out owing to the death, disappearance or escape of the person sought.

3. The Requested Party may, for conducting any pending criminal proceedings, postpone the handover of above-mentioned property until the conclusion of such proceedings, or temporarily hand over that property on condition that the Requesting Party undertakes to return it.

4. The handover of such property shall not prejudice any legitimate rights or interests of the Requested Party or of any third party to that property. Where these rights or interests exists, the Requesting Party shall return the handed over property without charge to the Requested Party or the third party as soon as possible after the conclusion of the proceedings.

Article 18

TRANSIT

1. Where a Party is to extradite a person from a third state through the territory of the other Party, it shall request the other Party for the permission of such transit. No such request is required where air transportation isused and no landing in the territory of the other Party is scheduled.

2. The Requested Party shall, in so far as not contrary to it s domestic law, grant the request for transit made by the Requesting Party.

Article 19

NOTIFICATION OF RESULT

The Requesting Party shall, upon request of the Requested Party, provide the Requested Party, provide the Requested Party promptly with the information on the proceedings or the execution of sentence against the extradited person or information concerning the extradition of that person to a third state.

Article 20

EXPENSES

1. The Requested Party shall bear the expenses arising from the procedures for extradition in its territory including the expenses incurred in arresting the person sought and maintaining that person in custody until the surrender to the Requesting Party, as well as the expenses associated with the seizure and keeping of the items referred to in Article 17.

2. The Requesting Party shall bear the expenses of transportation and the transit in connection with the hand over or takeover of the extradited person.

Article 21

RELATIONSHIP WITH OTHER TREATIES

This Treaty shall not prevent the Parties from cooperating with each other on extradition in accordance with other treaties to which both Parties are parties.

Article 22

SETTLEMENT OF DISPUTES

Any dispute arising from the interpretation or application of this Treaty shall be settled by consultation through diplomatic channels.

Article 23

ENTRY INTO FORCE, AMENDMENTS AND TERMINATION

1. Each Party shall inform the other by diplomatic note when all necessary steps have been taken under its laws for entry into force of this Treaty. This Treaty shall enter into force upon the thirtieth day from the date on which the later diplomatic note is sent.

2. This Treaty may be amended at any time by written agreement between parties. Any amendment shall enter into force in compliance with the procedure provided in paragraph 1 of this Article and shall be part of this Treaty.

3. Either Party may terminate this Treaty at any time by giving written notice to the other Party through diplomatic channels. Termination shall take effect on the one hundred and eightieth day from the date of notice. The termination shall not prejudice procedures initiated before the termination.

4. This Treaty shall apply to any request submitted after its entry into force, even if the relevant criminal offences were committed before the entry into force of this Treaty.