www.kenyalaw.org The International Crimes Act, 2008 (a) if no appeal against either the forfeiture order or the conviction in respect of which it was made is lodged within the period prescribed for doing so—the expiration of that period; or (b) if any such appeals are lodged—the time when all such appeals have lapsed or been finally determined. (3) Subsection (1) shall have effect subject to sections 127 and 128. Forfeiture order may be treated as pecuniary penalty order. (Cf. Rome Statute, article 109 (2).) 126. (1) If the Attorney-General is unable to give effect to a forfeiture order, the Attorney-General shall take measures to recover— (a) the value specified by the ICC as the value of the property ordered by the ICC to be forfeited; or (b) if the ICC has not specified the value of the property, the value that, in the opinion of the Attorney-General, is the value of the property ordered by the ICC to be forfeited. Cap. 63. Third parties may apply for relief. (Cf. Rome Statute, articles 77 (2) (b), 109 (1).) (2) In a case to which subsection (1) applies, the forfeiture order is to be treated as a fine ordered to paid under the Penal Code for the equivalent amount and may be enforced accordingly as if it were a fine imposed on the date the forfeiture order was registered under this Act. 127. (1) If a forfeiture order is registered under section 123, a person (other than a person convicted of an offence in respect of which the order was made) who claims an interest in any of the property to which the order relates may apply to the High Court for an order under section 128. (2) A person on whom notice of the hearing of the ICC held in connection with the making of the forfeiture order was served, or who appeared at the hearing, may not make an application under subsection (1) without the leave of the High Court. (3) The High Court shall not grant leave under 78

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