The International Crimes Act, 2008
DONE at Rome, this 17th day of July 1998.
SECOND SCHEDULE
(s. 107)
WARRANTS AND ORDERS IN RESPECT OF PROPERTY
Part A—Preliminary
Definitions.
1. In this Schedule—
“financial institution” means—
(a) a bank or credit union; or
www.kenyalaw.org
(b) an institution prescribed by rules made under this Act.
“ICC property request” means a request referred to in
paragraph 2 of this Schedule;
“property” includes proceeds and assets;
“production order” means an order under Part D of this
Schedule;
“restraining order” means an order under Part C of this
Schedule.
Application of this
Schedule.
2. This Schedule applies where the ICC has made a request
for assistance under paragraph 1 (k) of article 93 of the Rome
Statute for or with respect to identifying, tracing and freezing,
or seizing, any property which is or may be liable to forfeiture
under paragraph 2 (b) of article 77 of that Statute.
Part B—Search Warrants
Issue of warrant.
3. (1) Where authorised under this Act by the AttorneyGeneral to do so, a member of the police force may apply to a
magistrate for the issue of a search warrant under this Part if he
has reasonable grounds for believing that there is, or that
within 72 hours there will be, in or on any premises any
property of a particular kind which is the subject of an ICC
property request.
(2) The magistrate to whom the application is made may, if
satisfied that there are reasonable grounds for doing so, issue a
search warrant authorising any member of the police force—
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