ADVOKS GLOBAL · KENYA
International Crimes Act
73. Disposal of property seized
Edition: 2023-12-11 · In force
73. Disposal of property seized
(1)If the Cabinet Secretary makes a surrender order or temporary surrender order under this Act, the Cabinet Secretary may also direct that any thing that was seized under section 72 that may be evidence of the offence the person is alleged to have committed or has committed be delivered with the person on his surrender to the ICC.(2)If the person cannot be surrendered or temporarily surrendered by reason of the person’s death or escape from custody, the Cabinet Secretary may direct that any thing that was seized under section 72 that may be evidence of the offence the person is alleged to have committed or has committed be delivered up to the ICC.(3)If a person is discharged under this Act without being surrendered or temporarily surrendered, the Cabinet Secretary may direct that any thing seized under section 72 be returned to the person from whom it was seized.(4)The Cabinet Secretary may refuse to direct that any thing referred to in subsection (1) or (2) be delivered to the ICC if the thing is required for the investigation of an offence within the jurisdiction of Kenya.(5)The Cabinet Secretary may refuse to direct that any thing referred to in subsection (3) be returned to the person if—(a)the thing is the subject of a dispute as to who is entitled to it;(b)the thing is required for the investigation of an offence within the jurisdiction of Kenya; or(c)possession of the thing by the person would be unlawful in Kenya.