PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Identifying, Freezing or Seizing Property associated with International Crimes

106. Where the ICC requests assistance underparagraph 1 (k) of article 93 of the Rome Statute in identifying, tracing and freezing, or seizing, any property for the purpose of eventual forfeiture, the Attorney-
General shall give authority for the request to proceed if he is satisfied that—
(a) the request relates to an international crime that is being investigated by the Prosecutor, or which is the subject of proceedings before the ICC; and
(b) the property concerned is or may be located in
Kenya.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Identifying, Freezing or Seizing Property associated with International Crimes

107. If the Attorney-General gives authority for the request for assistance in identifying, tracing and freezing,
or seizing, property to proceed, he may authorise the appropriate Kenyan authority to apply for one or more of the following orders or warrants—
(a) a search warrant in respect of property under Part B of the Second Schedule;
(b) a restraining order under Part C of the Second Schedule;
(c) a production order under Part D of the Second Schedule;
(d) a monitoring order under Part E of the Second Schedule.

PART V – RECOVERY, FREEZING, CONFISCATION AND DISPOSAL OF ASSETS

24. Measures for asset recovery through international co-operation

When providing legal assistance under section 23 with respect to proceeds and instrumentalities of crime, Kenya shall take such measures, in accordance with the provisions of this Act or any other relevant law, as may be necessary to—

(a) permit a requesting state to give effect to an order of confiscation issued by its competent court or authority;

(b) permit competent authorities of a requesting state, where they have jurisdiction, to order the confiscation of such property of foreign origin by adjudication of an offence of money-laundering or such other offence as may be within its jurisdiction or by other procedures authorized under Kenyan law;

(c) allow confiscation of such property without a criminal conviction in cases in which the offender cannot be prosecuted by reason of death, flight or absence or in other appropriate cases.

(d) permit competent authorities of Kenya to freeze or seize property upon a freezing or seizure order issued by a court or a competent authority of such a requesting state that provides a reasonable basis for a requesting state to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for purposes of paragraph (a) of this section;

(e) permit competent authorities of Kenya to freeze or seize property upon a freezing or seizure order issued by a court or a competent authority of such a requesting state that provides a reasonable basis for a requesting state to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for purposes of paragraph (a) of this section;

(f) recognize a requesting state’s claim as a legitimate owner of property acquired through the commission of a criminal offence;

(g) consider taking any additional measures as to permit its competent authorities to preserve property for confiscation, such as on the basis of a foreign arrest or criminal charge related to the acquisition of such property.