National penalties - genocide

Kenya

Kenya - International Crimes Act 2008 EN

PART I—PRELIMINARY

International Crimes

6. (3) A person who commits an offence under subsection (1) or (2) shall on conviction be liable—

(a) to be punished as for murder, if an intentional killing forms the basis of the offence; or
(b) to imprisonment for life or for a lesser term, in any other case.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.