ADVOKS GLOBAL · KENYA
International Crimes Act
2. Interpretation
Edition: 2023-12-11 · In force
2. Interpretation
(1)In this Act, unless the context otherwise requires—"Appeals Chamber" means the appeals Chamber of the ICC;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to national security;"forfeiture order" means an order made by the ICC under paragraph 2(b) of article 77 of the Rome Statute or under the ICC Rules for the forfeiture of property, and includes a forfeiture order that is treated for the purposes of enforcement as a pecuniary penalty order under section 126;"ICC" means the International Criminal Court established by the Rome Statute, and includes any of the organs of the Court that are referred to in that Statute;"ICC prisoner" means a person who is—(a)sentenced to imprisonment by the ICC; or(b)the subject of a request by the ICC under section 166(1)(b) to be held in custody during a sitting of the ICC in Kenya;"ICC Rules" means the Rules of Procedure and Evidence made under article 51 of the Rome Statute;"international crime" means, in relation to the ICC, a crime in respect of which the ICC has jurisdiction under article 5 of the Rome Statute;"Kenyan prisoner" or "prisoner" means a person who is for the time being in the legal custody of the officer in charge of any Kenyan prison, whether or not that person has been convicted of an offence;"official", in relation to the International Criminal Court, means the Prosecutor, Registrar, Deputy Prosecutor, Deputy Registrar or other staff of the organs of the Court;"person" means a natural person, a company or association or body of persons corporate or unincorporated;"Pre-Trial Chamber" means the Pre-Trial Chamber of the ICC;"property" means real or personal property of every description, whether situated in Kenya or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property;"Prosecutor" means the Prosecutor of the ICC;"Rome Statute" means the Rome Statute of the International Criminal Court, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on 17th July, 1998, as corrected by the procès-verbaux of 10th November, 1998, 12th July, 1999, 30th November, 1999 and 8th May, 2000, a copy of the English text of which is set out in the Schedule to this Act."Trial Chamber" means the Trial Chamber of the ICC.(2)In this Act—(a)a reference to a request by the ICC for assistance includes a reference to a request by the ICC for co-operation;(b)a reference to a request by the ICC for assistance under a specified provision or in relation to a particular matter includes a reference to a request by the ICC for co-operation under that provision or in relation to that matter;(c)a reference to a sentence of imprisonment imposed by the ICC includes a reference to a sentence of imprisonment extended by the ICC (whether for the non-payment of a fine or otherwise);(d)a reference to a sentence of imprisonment imposed by the ICC for an international crime or an offence against the administration of justice includes a reference to a sentence of imprisonment imposed by the ICC for non-payment of a fine that was a penalty for that crime or offence, as the case may be.