www.kenyalaw.org
The International Crimes Act, 2008
(a) declaring the nature, extent, and value of the
applicant’s interest in the property; and
(b) either—
(i) directing that the interest be transferred to the
applicant; or
(ii) declaring that payment be made to the
applicant of an amount equal to the value of
the interest declared by the Court.
(3) Notwithstanding subsection (2), the Court may, if
it thinks fit, refuse to make an order under that subsection
if it is satisfied that—
(a) the applicant was, in any respect, involved in the
commission of the offence in respect of which the
order was made; or
(b) although the applicant acquired the interest at the
time of or after the commission of the offence, it
was not acquired in good faith and for value.
Cancellation of
registration of
order.
129. (1) If a forfeiture order has been registered under
section 123, the Attorney-General may apply to the High
Court for cancellation of the registration.
(2) Without limiting the generality of subsection (1),
the Attorney-General may act under that subsection in
relation to a forfeiture order if—
(a) the order has, since its registration in Kenya,
ceased to have effect;
(b) the order was registered in contravention of
section 121;
(c) the Attorney-General considers that cancellation
is appropriate having regard to the arrangements
in force with the ICC in relation to the
enforcement of orders of that kind; or
(d) the ICC so requests.
(3) If, in accordance with subsection (1), the
Attorney-General applies to the High Cour t f o r
cancellation of the registration of a forfeiture order, the
Court shall cancel the registration accordingly.
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