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PART I—PRELIMINARY
Offences Against Administration of Justice
19. (1) If the ICC makes a request for assistance in any investigation or proceedings involving an offence against the administration of justice, that request shall be dealt with—
(b) in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order— in the manner provided in Parts III and VI, which Parts shall apply with any necessary modifications and subject to any cont¬rary provision in the Rome Statute or the ICC Rules;
PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE
20. (1) This Part shall apply to a request by the ICC for assistance that is made under—
(b) any of the following provisions of the Rome Statute—
(v) article 109 (which relates to the enforcement of fines and forfeiture measures).
PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Assistance with Enforcement of Forfeiture Orders
121. Where—
(a) the ICC makes an order under paragraph 2 (b) of article 77 of the Rome Statute for the forfeiture of any property and requests assistance under paragraph 1 of article 109 of the Rome Statute to enforce the forfeiture order; and
(b) neither the conviction in respect of which the order was imposed nor the forfeiture order is subject to further appeal,
the Attorney-General may act on the request if he is satisfied that the order is of a kind that can be enforced in the manner provided in sections 122 to 126.
PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Assistance with Enforcement of Forfeiture Orders
122. (1) The Attorney-General may apply to the High Court for the registration of a forfeiture order or an amendment to such an order.
(2) On an application under subsection (1), the Court shall register the order or the amendment to the order under section 123 if it is satisfied that the order or amendment to the order is in force.
PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Assistance with Enforcement of Forfeiture Orders
123. (1) A forfeiture order, or an amendment to such an order, shall be registered in the High Court by the registration in accordance with the prescribed procedure, if any, of—
(a) a copy of the order or amendment sealed by the ICC; or
(b) a copy of the order or amendment authenticated in accordance with subsection (2).
(2) A document is authenticated for the purposes of subsection (1) (b) if it purports to be—
(a) signed or certified by a Judge, the Registrar, the Deputy Registrar, or an authorized member of the staff of the ICC; or
(b) authenticated in any other manner authorised by the Rome Statute or the ICC Rules.
(3) An amendment to a forfeiture order does not, for the purposes of this Act, have any effect until it is registered.
(4) A facsimile copy of a sealed or authenticated copy of an order or an amendment of an order has the same effect, for the purposes of this Act, as the sealed or authenticated copy that is not a facsimile.
(5) Notwithstanding subsection (4), registration effec¬ted by means of a facsimile copy ceases to have effect on the expiry of the period of twenty-one days commencing on the date of registration unless, before the expiry of that period, the sealed or authenticated copy is registered.
PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Assistance with Enforcement of Forfeiture Orders
124. If the High Court registers an order under section 123, the Court may direct the Attorney-General to do either or both of the following—
(a) give notice of the registration, in the manner and within the time the Court considers appropriate, to such persons (other than a person convicted of an offence in respect of which the order was made) as the Court has reason to believe may have an interest in the property;
(b) publish notice of the registration in the manner and within the time the Court considers appropriate.
PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Assistance with Enforcement of Forfeiture Orders
125. (1) Where a forfeiture order is registered under section 123—
(a) the property shall, to the extent of the estate, interest or rights (if any) specified in the forfeiture order, be thereby vested in the Republic;
(b) the property is so vested subject to every charge or encumbrance to which the property was subject immediately before the forfeiture order was made and, in the case of land under the provisions of
the Registration of Titles Act, is subject to every
mortgage, lease or other interest recorded under that Act;
(c) if the property is not already in the possession of the Republic, the Republic may take possession of the property;
(d) the property shall not, except with the leave of the High Court and in accordance with any directions of the Court, be disposed of, or otherwise dealt with, by or on behalf of the Republic, before the relevant time; and
(e) if, at the relevant time, the forfeiture order has not been discharged or revoked—
(i) the property shall be disposed of in accordance with any direction of the High Court; and
(ii) the proceeds shall be dealt with in accordance with section 130.
(2) In subsection (1), "relevant time", in relation to property that is the subject of a forfeiture order, means—
(a) if no appeal against either the forfeiture order or the conviction in respect of which it was made is lodged within the period prescribed for doing so—the expiration of that period; or
(b) if any such appeals are lodged—the time when all such appeals have lapsed or been finally determined.
(3) Subsection (1) shall have effect subject to sections
127 and 128.
126. (1) If the Attorney-General is unable to give effect to a forfeiture order, the Attorney-General shall take measures to recover—
(a) the value specified by the ICC as the value of the
property ordered by the ICC to be forfeited; or
(b) if the ICC has not specified the value of the
property, the value that, in the opinion of the
Attorney-General, is the value of the property
ordered by the ICC to be forfeited.
(2) In a case to which subsection (1) applies, the
forfeiture order is to be treated as a fine ordered to paid
under the Penal Code for the equivalent amount and may
be enforced accordingly as if it were a fine imposed on the date the forfeiture order was registered under this Act.
127. (1) If a forfeiture order is registered under section 123, a person (other than a person convicted of an
offence in respect of which the order was made) who
claims an interest in any of the property to which the order relates may apply to the High Court for an order under section 128.
(2) A person on whom notice of the hearing of the
ICC held in connection with the making of the forfeiture
order was served, or who appeared at the hearing, may
not make an application under subsection (1) without the
leave of the High Court.
(3) The High Court shall not grant leave under
subsection (2) unless it is satisfied that—
(a) the applicant had good reason for failing to attend the hearing held by the ICC in connection with the making of the forfeiture order;
(b) evidence proposed to be adduced by the applicant in connection with the application under subsection (1) was not reasonably available to the applicant at the time of the hearing of the ICC; or
(c) there are special reasons justifying the grant of leave.
(4) An application under subsection (1) shall be made before the expiry of the period of two months beginning on the date on which the forfeiture order is registered in the High Court.
(5) Notwithstanding subsection (4), the High Court may grant a person leave to make an application under subsection (1) after the expiry of the period referred to in subsection (4) if it is satisfied that the person's failure to apply within that period was not owing to any neglect on the person's part.
(6) A person who makes an application under subsection (1) shall serve notice of the application on the Attorney-General, who shall be a party to any pro¬ceedings on the application.
(7) This section and section 128 shall have effect subject to any contrary provision in the Rome Statute or
the ICC Rules.
128. (1) This section shall apply if—
(a) a person applies to the High Court for an order under this section in respect of an interest in property; and
(b) the Court is satisfied that the applicant's claim is valid.
(2) The High Court shall make an order
(a) declaring the nature, extent, and value of the applicant's interest in the property; and
(b) either—
(i) directing that the interest be transferred to the applicant; or
(ii) declaring that payment be made to the applicant of an amount equal to the value of the interest declared by the Court.
(3) Notwithstanding subsection (2), the Court may, if it thinks fit, refuse to make an order under that subsection if it is satisfied that—
(a) the applicant was, in any respect, involved in the commission of the offence in respect of which the order was made; or
(b) although the applicant acquired the interest at the time of or after the commission of the offence, it was not acquired in good faith and for value.
129. (1) If a forfeiture order has been registered under section 123, the Attorney-General may apply to the High Court for cancellation of the registration.
(2) Without limiting the generality of subsection (1), the Attorney-General may act under that subsection in relation to a forfeiture order if—
(a) the order has, since its registration in Kenya, ceased to have effect;
(b) the order was registered in contravention of section 121;
(c) the Attorney-General considers that cancellation is appropriate having regard to the arrangements in force with the ICC in relation to the enforcement of orders of that kind; or
(d) the ICC so requests.
(3) If, in accordance with subsection (1), the Attorney-General applies to the High Court for cancellation of the registration of a forfeiture order, the Court shall cancel the registration accordingly.
(4) If a forfeiture order registered under section 123 is discharged (in whole or in part) or is revoked, that discharge or revocation constitutes a ground for an application for cancellation of the order under this section.
Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.