AGADVOKS GLOBALKENYA · ENGLISH
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International Crimes Act

126. Forfeiture order may be treated as pecuniary penalty order

Edition: 2023-12-11 · In force

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126. Forfeiture order may be treated as pecuniary penalty order

(1)If the Director of Public Prosecutions is unable to give effect to a forfeiture order, the Director of Public Prosecutions 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 Director of Public Prosecutions, 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 (Cap. 63) 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.[Cf. Rome Statute, article 109(2)][Act No. 19 of 2023, Sch.]
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Source: Kenya Law