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


23. Identification, tracing etc.

(1) Kenya shall assist in proceedings involving the identification, tracing, freezing, seizure and confiscation of the proceeds and instruments of crime under its laws or any other arrangement to which Kenya may be bound in relation to a requesting state.

(2) A request for legal assistance under this section shall include—
(a) details of the property in relation to which co-operation is sought;
(b) the connection, if any, between the property and the offences in respect of which the request is made;
(c) where known, details of any third party interests in the property; and
(d) a certified copy of the freezing or seizing decision or final decision of confiscation made by a court.

(3) Nothing in this section shall prejudice the rights of bona fide third parties.