www.kenyalaw.org
The International Crimes Act, 2008
(2) Without affecting the generality of subparagraph (1),
where the High Court makes, or has made, a restraining order,
the Court may, at the time it makes the restraining order or at
any later time, whether on application made to it or on its own
motion, make an order authorising another court—
(a) to make an order setting aside the restraining order in
respect of the whole or a part of the property; or
(b) to make other orders in relation to the operation of the
restraining order,
to the extent and in the circumstances specified in the order of
the Court.
(3) An order under subparagraph (1) or (2) may be made on
application—
(a) by an appropriate officer;
(b) by the owner;
(c) where the restraining order directed the Public Trustee
to take control of property—by the Public Trustee; or
(d) with the leave of the High Court—by any other
person.
(4) Where a person is examined before the High Court or
an officer of the High Court pursuant to an order under
subparagraph (1), the person is not excused from answering a
question when required to do so by the Court or officer on the
ground that the answer to the question might tend to
incriminate the person or make the person liable to a forfeiture
or penalty.
(5) Where a person is examined before the High Court or
an officer of the High Court pursuant to an order under
subparagraph (1), a statement or disclosure made by the person
in answer to a question put in the course of the examination,
and any information, document or thing obtained as a direct or
indirect consequence of the statement or disclosure, is not
admissible against the person in any civil or criminal
proceedings in Kenya, other than proceedings in respect of the
giving of false testimony in the course of the examination.
(6) A person directed by an order under subparagraph (1) to
furnish a statement to the Public Trustee is not excused from
furnishing the statement, or setting out particulars in the
statement, on the ground that the statement or particulars might
tend to incriminate the person or make the person liable to a
192
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents