International Crimes Act

120. Enforcement of fines

Edition: 2023-12-11 · In force

120. Enforcement of fines

(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

(ii)requests that the order be enforced in accordance 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 Director of Public Prosecutions 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 Director of Public Prosecutions 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 (Cap. 63); and

(ii)make such report to the Director of Public Prosecutions 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.[Cf. Rome Statute, articles 77(2)(a), 109(1)][Act No. 19 of 2023, Sch.]

Assistance with Enforcement of Forfeiture Orders

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Source: Kenya Law