Transfer of forfeitures to the ICC

Republic of Kenya

Kenya - International Crimes Act 2008 EN


Transfer of Money or Property Recovered under this Part

130. (1) Any money or property, including the proceeds of sale of property, recovered as a result of the enforcement under this Part of an order of the ICC shall be transferred to the ICC.
(2) Subsection (1) shall have effect notwithstanding any other provision in this Part or in any other Act.

Rome Statute

Article 79 Trust Fund

1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.

2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.

3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.

Article 109 Enforcement of fines and forfeiture measures

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.