ADVOKS GLOBAL · KENYA
International Crimes Act
127. Third parties may apply for relief
Edition: 2023-12-11 · In force
127. Third parties may apply for relief
(1)If a forfeiture order is registered under section 123, a person (other than a person convicted of an offence in respect of which the order was made) who claims an interest in any of the property to which the order relates may apply to the High Court for an order under section 128.(2)A person on whom notice of the hearing of the ICC held in connection with the making of the forfeiture order was served, or who appeared at the hearing, may not make an application under subsection (1) without the leave of the High Court.(3)The High Court shall not grant leave under subsection (2) unless it is satisfied that—(a)the applicant had good reason for failing to attend the hearing held by the ICC in connection with the making of the forfeiture order;(b)evidence proposed to be adduced by the applicant in connection with the application under subsection (1) was not reasonably available to the applicant at the time of the hearing of the ICC; or(c)there are special reasons justifying the grant of leave.(4)An application under subsection (1) shall be made before the expiry of the period of two months beginning on the date on which the forfeiture order is registered in the High Court.(5)Notwithstanding subsection (4), the High Court may grant a person leave to make an application under subsection (1) after the expiry of the period referred to in subsection (4) if it is satisfied that the person’s failure to apply within that period was not owing to any neglect on the person’s part.(6)A person who makes an application under subsection (1) shall serve notice of the application on the Director of Public Prosecutions, who shall be a party to any proceedings on the application.(7)This section and section 128 shall have effect subject to any contrary provision in the Rome Statute or the ICC Rules.