PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Orders relating to Victim Reparation

120. (1) This section shall apply if—
(a) the ICC—
(i) orders payment of a fine under paragraph 2 (a) of article 77 of the Rome Statute; and
(i) requests that the order be enforced in accord¬ance with article 109 of the Rome Statute; and
(b) neither the conviction in respect of which the order was imposed nor the order for payment of a fine is subject to further appeal.

(2) The Attorney-General shall give authority for the request to proceed if he is satisfied that the order—
(a) involves a monetary penalty; and
(b) is of a kind that can be enforced in the manner provided in this section.


(3) If the Attorney-General gives authority for the request to proceed—

(a) he shall refer the request to the appropriate Kenyan agency; and
(b) that agency shall, without delay—
(i) take such steps as are necessary to enforce the order as if it were a fine imposed on
conviction under the Penal Code; and
(ii) make such report to the Attorney-General on
the results of any action taken as it considers
to be appropriate in the circumstances.
(4) Upon recovery the fine shall be disposed of in such manner as the ICC order may specify.
(5) Nothing in this section limits or affects the provision of other types of assistance to the ICC in relation to a penalty imposed under article 77 of the Rome Statute.

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.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a
person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a
maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the
crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and
Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly
from that crime, without prejudice to the rights of bona fide third parties.