ADVOKS GLOBAL · KENYA
International Crimes Act
125. Effect of registration of order
Edition: 2023-12-11 · In force
125. Effect of registration of order
(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 ( Cap. 281), 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.