ADVOKS GLOBAL · KENYA
International Crimes Act
103. Disposal of things seized
Edition: 2023-12-11 · In force
103. Disposal of things seized
(1)If a member of the National Police Service seizes a thing under a warrant issued under section 97, it shall be delivered into the custody and control of—(a)the Inspector-General of Police; or(b)a commissioned officer of police designated by the Inspector-General of Police to receive things seized under this Act.(2)The Inspector-General of Police or designated officer shall—(a)inform the Director of Public Prosecutions, without delay, that the thing has been so delivered;(b)retain the thing for a period not exceeding three months from the day on which the thing was seized, pending the Director of Public Prosecutions’s direction under subsection (3) about how to deal with it; and(c)comply with any direction that the Director of Public Prosecutions gives him.(3)The Director of Public Prosecutions may, by written notice, give the Inspector-General of Police or the designated officer a direction—(a)requiring the Commissioner or designated officer to send the thing to the ICC; or(b)requiring the Commissioner or designated officer to deal with it in some other way.(4)The Director of Public Prosecutions shall direct the Inspector-General of Police or the designated officer to return the thing seized to the person from whose possession it was seized as soon as practicable, if—(a)the ICC advises that the thing is not required for the Prosecutor’s investigation or its proceedings; or(b)no other direction is given by the Director of Public Prosecutions before the expiry of three months from the day on which the thing was seized.(5)Notwithstanding subsection (4), the Director of Public Prosecutions may refuse to return the thing to the person from whom it was seized if—(a)the thing is the subject of a dispute as to who is entitled to it;(b)the thing is required for the investigation of an offence within the jurisdiction of Kenya; or(c)possession of the thing by the person would be unlawful in Kenya.