The International Crimes Act, 2008 (a) direct that the property, or such part of the property as is specified in the order, is not to be disposed of, or otherwise dealt with, by the defendant or by any other person, except in such manner and in such circumstances (if any) as are specified in the order; and (b) if the Court considers that the circumstances so require, direct the Public Trustee to take control of the property, or such part of the property as is specified in the order. (3) A restraining order may be made subject to such conditions as the High Court thinks fit. www.kenyalaw.org (4) Without limiting the generality of subparagraph (3), a restraining order may make provision for meeting out of the property, or a specified part of the property, to which the order applies all or any of the following— (a) the defendant’s reasonable living expenses (including the reasonable living expenses of the defendant’s dependants, if any) and reasonable business expenses; (b) the defendant’s reasonable expenses in defending any charge that he has committed an international crime. (5) The High Court shall not make an order in respect of property of a person other than the offender unless it is satisfied that the property concerned, although not property of the offender, is effectively under the offender’s control. Notice of applications and orders. 9. (1) Where an application has been made to the High Court for a restraining order in respect of property— (a) the Court may, if it thinks fit, require the officer making the application to give notice of the application to a person who the Court has reason to believe has an interest in the property or part of the property; and (b) a person to whom the Court requires notice to be given under paragraph (a) is entitled to appear and to adduce evidence at the hearing of the application. (2) Where— (a) a restraining order has been made in respect of a person’s property; and 190

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