www.kenyalaw.org
The International Crimes Act, 2008
be subject to prosecution or punishment or to extradition to a third State
for any conduct engaged in prior to that person’s delivery to the State of
enforcement, unless such prosecution, punishment or extradition has been
approved by the Court at the request of the State of enforcement.
2. The Court shall decide the matter after having heard the views of the
sentenced person.
3. Paragraph 1 shall cease to apply if the sentenced person remains
voluntarily for more than 30 days in the territory of the State of
enforcement after having served the full sentence imposed by the Court, or
returns to the territory of that State after having left it.
Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the
Court under Part 7, without prejudice to the rights of bona fide third
parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall
take measures to recover the value of the proceeds, property or assets
ordered by the Court to be forfeited, without prejudice to the rights of
bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where
appropriate, the sale of other property, which is obtained by a State Party
as a result of its enforcement of a judgement of the Court shall be
transferred to the Court.
Article 110
Review by the Court concerning reduction of sentence
1. The State of enforcement shall not release the person before expiry of
the sentence pronounced by the Court.
2. The Court alone shall have the right to decide any reduction of
sentence, and shall rule on the matter after having heard the person.
3. When the person has served two thirds of the sentence, or 25 years in
the case of life imprisonment, the Court shall review the sentence to
determine whether it should be reduced. Such a review shall not be
conducted before that time.
4. In its review under paragraph 3, the Court may reduce the sentence if it
finds that one or more of the following factors are present:
(a) The early and continuing willingness of the person to cooperate with
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