Enforcement of fines

Republic of Kenya

Kenya - International Crimes Act 2008 EN


Offences Against Administration of Justice

19. (1) If the ICC makes a request for assistance in any investigation or proceedings involving an offence against the administration of justice, that request shall be dealt with—

(b) in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order— in the manner provided in Parts III and VI, which Parts shall apply with any necessary modifications and subject to any cont¬rary provision in the Rome Statute or the ICC Rules;


20. (1) This Part shall apply to a request by the ICC for assistance that is made under—

(b) any of the following provisions of the Rome Statute—

(v) article 109 (which relates to the enforcement of fines and forfeiture measures).


Orders relating to Victim Reparation

120. (1) This section shall apply if—
(a) the ICC—
(i) orders payment of a fine under paragraph 2 (a) of article 77 of the Rome Statute; and
(i) requests that the order be enforced in accord¬ance with article 109 of the Rome Statute; and
(b) neither the conviction in respect of which the order was imposed nor the order for payment of a fine is subject to further appeal.

(2) The Attorney-General shall give authority for the request to proceed if he is satisfied that the order—
(a) involves a monetary penalty; and
(b) is of a kind that can be enforced in the manner provided in this section.

(3) If the Attorney-General gives authority for the request to proceed—

(a) he shall refer the request to the appropriate Kenyan agency; and
(b) that agency shall, without delay—
(i) take such steps as are necessary to enforce the order as if it were a fine imposed on
conviction under the Penal Code; and
(ii) make such report to the Attorney-General on
the results of any action taken as it considers
to be appropriate in the circumstances.
(4) Upon recovery the fine shall be disposed of in such manner as the ICC order may specify.
(5) Nothing in this section limits or affects the provision of other types of assistance to the ICC in relation to a penalty imposed under article 77 of the Rome Statute.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.