Kenya Defence Forces Act

The Act's short title is "Kenya Defence Forces Act."

Section 2 provides multiple interpretation definitions and lists specific examples and categories for terms used elsewhere in the Act (including lists of acts, objects related to aircraft, classes of offences, persons and countries connected with external aggression, roles in the Defence Forces, duties such as guard/watch/traffic regulation, meanings for 'serving in operations' and eligible sources for public funds), and contains a transitional clause about reading certain ministerial titles as older titles until the first general elections.

Section must strive for the highest standards of professionalism and discipline amongst its members.

Section 4. Application of the Act Section every member of the regular forces;

A person covered by Section 5(1)(b) may be subject to the Act while accompanying part of the Defence Forces only if they 'has consented, in writing' to be so subject; the Defence Council must prescribe by regulations the form and manner for obtaining that written consent.

The Cabinet Secretary must be the principal adviser to the President on matters relating to defence policy.

The Cabinet Secretary may, in writing and where appropriate, delegate powers or assign duties to Ministry employees; such delegation does not stop the Cabinet Secretary from exercising the power personally, may be subject to conditions the Cabinet Secretary imposes, does not divest the Cabinet Secretary of responsibility, and may be withdrawn or decisions by the delegate may be withdrawn or amended by the Cabinet Secretary.

The Chief of the Defence Forces must be the principal adviser to the President and the Cabinet Secretary on military, operational and administrative matters within the Chief's competence.

The Chief of the Defence Forces may delegate powers or duties to members of the Defence Forces (subject to the chain of command), may impose conditions on delegations, may withdraw delegations or decisions, but must not delegate powers reserved for officers of a specific rank, and retains the right and responsibility to exercise or oversee those powers personally.

Establishes the office of the Vice Chief of the Defence Forces as a State office and requires the Vice Chief to perform functions and exercise powers assigned by the Chief of the Defence Forces under this Act or any other written law.

Section 15 lists Service Commanders (Kenya Army, Kenya Air Force, Kenya Navy) and requires a Service Commander to command, control and administer the Service for which they are responsible.

Service Commanders must command, control and administer the service for which they are responsible, in accordance with the Constitution, this Act or any other written law, and under the authority of the Chief of the Defence Forces or the Cabinet Secretary, as applicable.

The Service Commander may delegate powers or duties to service members or Ministry employees (the latter with approval); delegation does not stop the Commander from acting personally, may be subject to conditions, the Commander retains responsibility, may withdraw or amend delegations and decisions, and must not delegate powers reserved for specific ranks or qualifications to others.

The National Security Council determines, from time to time, the strength of the Defence Forces on the recommendation of the Defence Council.

The Defence Council must appoint a secretary (a public officer or member of the Defence Forces). Acts and instructions of the Council must be signified by command under the hand of the chairperson and the secretary. The Council's composition includes the Cabinet Secretary (chairperson), the Chief of the Defence Forces, three Service Commanders and the Principal Secretary.

The Defence Council has multiple duties and powers including oversight of overseas training, ordering members abroad with Parliament approval, receiving reports, formulating and monitoring policy, reviewing disciplinary findings, advising the President, directing deployments, setting recruitment criteria, and performing other assigned functions.

The business and affairs of the Defence Council shall be conducted in accordance with the Second Schedule. Except as provided for in the Second Schedule, the Defence Council may regulate its own procedure.

The Defence Council may establish committees and may co‑opt persons into them; co‑opted persons may attend and participate in deliberations but must not participate in making decisions.

The President must appoint the Chief of the Defence Forces, the Vice Chief of the Defence Forces and the three Service Commanders on the recommendation of the Defence Council, subject to specified eligibility requirements.

Senior defence officers serve one four-year term or retire when they reach mandatory retirement age; the President may extend a term by up to one year in war or emergency on the Defence Council's recommendation.

The Salaries and Remuneration Commission must set and regularly review the pay and benefits of the Chief of the Defence Forces, the Vice Chief of the Defence Forces and three Service Commanders.

The President may remove, retire or redeploy the Chief of the Defence Forces, the Vice Chief of the Defence Forces or any Service Commander before the expiry of their term of office.

When a vacancy occurs under subsection (1), the President must appoint a replacement in accordance with section 23.

The Defence Council must recruit and appoint members of the Defence Forces (except State Officers), consult the Public Service Commission when developing recruitment criteria, advertise county recruitment centres at least thirty days before recruitment, and may appoint an authorised recruiter in the prescribed manner.

The Defence Council must determine Defence Forces members' salaries (on advice of the Salaries and Remuneration Commission) and determine their conditions of service (in consultation with the Public Service Commission).

Section 30(1)(a) and (b) establishes defence controlled units under the Chief of the Defence Forces and a support staff unit called the constabulary; Section 30(2) requires the Defence Council to determine by regulations how far the Act applies to members of those units.

Section 6 lists the components of the Defence Forces: the Kenya Army, the Kenya Air Force and the Kenya Navy; it also specifies the regular force, the reserve force (regular and volunteer reserve) as determined by the Defence Council or national legislation, and cadet forces; and states that the composition of command shall reflect the regional and ethnic diversity of the people of Kenya.

Establishes how the size, units, and names of the Defence Forces are determined: the National Security Council determines the maximum number of members; the President may determine units and formations in consultation with the Defence Council; and the Cabinet Secretary, under the President's direction, must name and may vary unit names by Gazette notice.

Section 8 sets out the functions of the Defence Forces: they must defend and protect the Republic's sovereignty and territorial integrity; must assist and cooperate with other authorities in emergencies and report to the National Assembly when deployed; may be deployed to restore peace only with the National Assembly's approval; and must not act in a partisan way, further political party interests, or prejudice legitimate political interests.

The President is the Commander-in-Chief of the Defence Forces, appoints senior Defence Force officers, is responsible for organisation and command, must ensure appointments reflect regional and ethnic diversity, and appointees must take the oath in the First Schedule.

If the National Assembly is not in session during the first seven days after a deployment of the Defence Forces, the Cabinet Secretary must provide the information required under subsection (2) to the Speaker of the National Assembly.

The Defence Council must deploy the Defence Forces to restore peace in parts of Kenya affected by unrest or instability upon approval by the National Assembly; when deployed the Chief of the Defence Forces is responsible for administration, control and overall superintendence of the operation.

The Defence Forces may be deployed to support the National Police Service and other authorities during emergencies or disasters, and when so deployed the Inspector-General of the National Police Service is responsible for control and overall superintendence of the operation.

When the Defence Forces are deployed in support and that deployment is approved, the Cabinet Secretary must issue a Gazette notice of commencement within twenty four hours; deployments must comply with constitutional human-rights standards.

When Defence Forces members are deployed under section 33 they have the same powers and duties as National Police Service members, except they do not have powers to investigate crime; they must hand over arrested persons or seized items to the National Police Service as soon as possible, receive appropriate training before deployment, and are regarded as military police officers when exercising powers.

The Defence Council may place officers or service members at the disposal of foreign service authorities for training; after the National Security Council deploys Defence Forces under subsection (2) the President must order the Chief of the Defence Forces to effect the deployment; service members retain their rights and such service counts for gratuities and pension.

Treaties or agreements under subsection (1) must protect the interests of the local community where foreign military forces are deployed and must provide that foreign forces are subject to the Constitution and all laws of Kenya.

Every member must render service in fulfillment of international obligations and is entitled to additional emoluments and benefits as agreed with the international body, subject to the member's rights and conditions under this Act.

Members of foreign forces temporarily attached to the Defence Forces are subject to Defence Forces laws and, where attached, have the same command and punishment powers as equivalent-ranked Defence Forces members; the President may direct application of the laws with specified exceptions by Gazette notice.

Members of a foreign military serving together with, or officers commanding combined forces with, the Defence Forces are to be treated as holding equivalent rank and have powers of command (and punishment for officers) over Defence Forces personnel when the President declares they are serving together or acting in combination by notice in the Gazette.

The Defence Forces must, when enforcing Kenyan laws at sea, comply with the provisions of the United Nations Convention on the Law of the Sea (UNCLOS).

A Judge Advocate appointed under section 165 shall be the presiding officer; at least five other members are appointed if an officer is being tried; and not less than three other members in any other case. Members must be officers qualified and not ineligible under section 164; members must be of equivalent rank to the accused if the accused is an officer, and the lowest ranking officer available when the accused is a service member. The Chief Justice may make rules regulating administration and proceedings of the courts martial.

The court-martial must be guided by the principles in Article 159(2) of the Constitution when exercising its powers and discharging its functions.

Court-martial may sit in any place (inside or outside Kenya); may adjourn to sit at another place when necessary in the interests of justice; and has the power to try persons subject to the Act and award punishments provided by the Act.

A court-martial may be convened by the Defence Court‑Martial Administrator or the Service Court‑Martial Administrator for each service; the order must be signed by the relevant Administrator; those Administrators shall be legal officers qualifying as Registrars and shall be appointed by the Defence Council.

Certain officers are disqualified from serving on (or acting as Judge Advocate at) a court-martial: the convening officer for that court-martial; any officer who between the accused being charged and the trial was the accused's commanding officer; and any officer who investigated the charge or who under service law held or participated in an inquiry into the subject-matter of the charge.

Appointment of Judge Advocate

Indemnity from personal liability

An accused person may object to any court member on reasonable grounds; objections must be considered, and successful objections to the presiding officer lead to adjournment and appointment of a replacement by the Chief Justice; objected members must retire and vacancies may be filled.

Specifies who must take an oath or make an affirmation and how oaths/affirmations for witnesses (including children) are to be handled.

A court-martial must sit in open court in the presence of the accused, may sit in closed court in specified circumstances, must sit in closed court when deliberating on findings or sentence, and when sitting in closed court persons other than members and prescribed persons must not be present.

Evidence admissibility in courts-martial follows the same rules as in civil courts; a person cannot be required to answer questions or produce documents they could not be required to in civil courts; a court-martial must take judicial notice of matters of common knowledge.

A witness before a court-martial or any person required to attend is entitled to the same immunities and privileges as a witness before the High Court.

Courts martial have the powers and jurisdiction to try matters of contempt of court.

An accused tried before a court-martial may be convicted in several ways: of the charged offence committed with lesser circumstances when greater circumstances aren’t proved; of attempting the charged offence; of the completed offence when charged with attempt; and, where charged under section 133 with attempting a civil offence, may be convicted of the actual civil offence if proved; the court-martial may also convict for a different Part VI offence if evidence shows it was committed.

If the Judge Advocate dies or is unavailable, the successor may treat previously recorded evidence as if taken under their direction and continue the case; the presiding officer may declare a mistrial if continuing is impracticable due to the accused's sickness or incapacity; where three or more original members cannot continue, the accused may choose to proceed with newly appointed members or request a retrial.

In proceedings before a court-martial, the Judge Advocate must give rulings and directions on questions of law, procedure or practice.

Court-martial questions are decided by a majority of members; the Judge Advocate cannot vote on findings but has a casting vote on sentences; ties on findings lead to acquittal; unanimous concurrence is required for death-only convictions, otherwise the presiding officer must declare a mistrial and the accused may be tried again.

Section 177(1) Without prejudice to section 169 , the finding of a court-martial on each charge shall be announced in open court. Section 177(2) The sentence of a court-martial, together with any recommendation to mercy, shall be announced in open court.

If, during a court-martial trial, the court considers the accused to be of unsound mind and incapable of making a defence, the court must so find.

If, at trial, it appears the accused committed the act but was insane at the time, the court must make a special finding; the court must report the case and keep the accused in custody pending the President's order; the President may detain, discharge or transfer the person and may impose supervision conditions; officers must report periodically (three years and then every two years) and others empowered by the President may make special reports at any time.

Lists punishments that may be imposed on officers, including death, imprisonment, dismissal, reduction in rank, forfeiture of seniority, fines, reprimands, admonition, stoppages, and specified limits on fines and seniority.

Section 181 lists punishments that a court-martial may impose on service members, including death, imprisonment, dismissal, active service punishment (not exceeding ninety days), rank reduction, forfeiture of seniority, fines, reprimands, admonition, and stoppages; it also sets rules about when additional punishments must be included.

Court-martial or specified authorities may order recovery, delivery, restoration, or payment of property or money to persons appearing to be owners when property unlawfully obtained is found or traced.

Any finding, sentence, determination or other thing required by the Act to be promulgated must be promulgated either by being communicated to the accused or in another manner prescribed.

A death sentence passed on a person on active service must not be carried out unless the President approves it.

Persons tried by a court-martial (and, if deceased, their personal representatives) are entitled to obtain copies of the court-martial record from the Defence Court-martial Administrator within the prescribed period on payment of the prescribed fee; disclosure may be withheld for security and that decision can be reviewed by the Defence Council.

People subject to the Act are entitled to the rights and fundamental freedoms in Chapter Four of the Constitution, except as limited by Article 24(5), this Act, or any other Act.

This Part permits the limitation or restriction of certain rights and fundamental freedoms of persons subject to this Act for listed purposes such as defence of sovereignty, protection of classified information, national security, Defence Forces safety and discipline, and public health and safety.

The right to freedom of conscience, religion, thought, belief and opinion for a person to whom this Act applies may be limited only under the specific conditions listed in subsection (2).

The right to freedom of expression for a person to whom this Act applies may be limited only under the specific conditions listed in subsection (2) (grounds such as national security, public safety, protection of reputation, confidential information, military restrictions, and protection of Defence Forces information).

Section 46 prohibits forming, joining, participating in, campaigning for political causes or recruiting members for a political party, and serving as a member of Parliament, the Senate, a county assembly or any other political body; it exempts the right to register and vote and exempts reserve force members not called out.

Limits freedom of movement and residence when a person is lawfully held in service custody.

Permits searches, seizures, compelled disclosure of private family information, and interference with communications privacy in specified circumstances.

Access to information may be limited for classified material or information held by the Defence Forces, and the Cabinet Secretary may set security classification categories.

Persons to whom this Act applies are prohibited from joining or participating in the activities of certain associations that may be prescribed in regulations.

Persons to whom the Act applies are prohibited from assembling, demonstrating, picketing or petitioning public authorities when that conduct is for maintaining military discipline.

A person to whom the Act applies is prohibited from forming, joining, agitating for or participating in trade unions or from going on strike.

Economic and social rights in Article 43, for a person to whom this Act applies, may be limited to the extent necessary for military training and operation as prescribed by regulations.

The commanding officer must review his or her decision under subsection (3) after eight days until the accused is brought before a commanding officer or court-martial.

Section 100: Low flying while taking off or landing; or

Section title: "Annoyance by flying"

Creates an offence for a person who commits the section's offence; upon conviction by a court-martial the person is liable to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act.

A person in charge of a prisoner must not willfully allow the prisoner to escape, must not without proper authority release the prisoner, and must not without reasonable excuse allow the prisoner to escape.

Refusing to obey an officer ordering arrest is an offence; on conviction by court-martial the person may be imprisoned for up to three years or receive a lesser punishment under this Act.

Section 105. Escape from custody

Subsection (1) lists specific wrongful acts before a court-martial (a)–(f); a person who commits any such offence is liable on conviction to imprisonment for up to two years or lesser punishment, and the court-martial where the conduct occurred may summarily order imprisonment up to 21 days for offences under (e) or (f).

A person subject to the Act who, after being lawfully sworn as a witness or interpreter, gives a material statement in proceedings that they know is false or do not believe to be true commits an offence and on conviction by a court-martial can be imprisoned for up to seven years or given a lesser punishment under the Act.

Obstructing a police officer is an offence; a person convicted is liable to up to two years' imprisonment or a lesser punishment.

It is an offence for a person who commits the acts listed in subsection (1)(a)–(c) relating to prizes (failing to send papers, unlawfully arranging ransom agreements, or restoring/abandoning prizes), and on conviction by a court-martial the person may be imprisoned for up to five years.

It is an offence for a person to commit the acts listed in subsection (1), and on conviction by a court-martial the person may be imprisoned for up to five years or receive a lesser punishment provided by the Act.

Prohibits promoting, being a member of, or taking part in the activities of any political association.

A person subject to the Act who, when before a recruiting officer to be attested, knowingly gives a false answer in the attestation paper commits an offence and is liable on conviction by a court martial to imprisonment for a term not exceeding two years.

Makes it an offence to give a false answer to any question set out in any document required to be completed.

It is an offence for a person to make, sign, alter, suppress, deface, make away with, or fail to make an entry in specified documents so that the document or entry is to the person's knowledge false in a material particular.

Makes a false statement or entry in a document required for official purposes, or causes such a false statement or entry to be made or signed while aware of its falsity.

A person subject to this Act who knowingly makes a false statement to military, police or administrative officers to obtain or prolong leave commits an offence and faces up to two years' imprisonment or a lesser punishment on conviction by court-martial.

A person who commits the offence described in subsection (1) is liable on conviction by a court-martial to imprisonment for a term not exceeding two years or any lesser punishment under this Act.

Any officer who behaves in a scandalous manner unbecoming an officer commits an offence and, on conviction by a court-martial, may be dismissed from the Defence Forces or subjected to a lesser punishment under this Act.

Officers who strike or ill-treat a subordinate (of inferior rank or less seniority) commit an offence and may be punished on conviction by a court-martial.

A person subject to this Act who engages in cruel, indecent or unnatural disgraceful conduct commits an offence and is liable on conviction by a court-martial to imprisonment for up to ten years or a lesser punishment.

Persons subject to this Act who commit acts, conduct or neglect prejudicial to good order and service discipline commit an offence punishable on conviction by up to two years' imprisonment or any lesser punishment under this Act.

Makes false accusations or false statements about another person, or willfully suppress material facts, and makes the offender liable on conviction by a court-martial to imprisonment for up to seven years or any lesser punishment under the Act.

Negligent or deliberate firing or discharge of ammunition is punishable by imprisonment for up to two years or any lesser punishment provided by the Act.

Creates offences for engaging in corruption, malpractices, or any act or omission while in the course of duty for selfish purposes or gains and for causing loss by dereliction of duty; the offence under subsection (1) is triable in the civil courts.

Persons responsible must take reasonable security measures to safeguard lives and health and must maintain safety of facilities; intentional failure may attract up to three years' imprisonment and negligent failure up to one year.

Persons subject to the Act must not abuse or improperly use military title, position, rank or commission to injure others' rights or to exempt persons from service; such conduct is an offence punishable by up to seven years' imprisonment (or up to ten years in wartime).

Persons subject to the Act who exceed, abuse, or improperly assume authority conferred by commission, appointment, rank or title commit an offence and may be punished by up to seven years' imprisonment.

Persons subject to the Act must not fraternize with other persons subject to the Act; doing so is an offence punishable on conviction by a court-martial, with imprisonment for a term not exceeding two years or any lesser punishment under the Act.

It is an offence for a person to fail to disclose dual citizenship on enlistment or commissioning, or to acquire dual citizenship while in service; on conviction by a court-martial the person may be imprisoned for up to two years or given a lesser punishment under the Act.

A person subject to the Act who cheats before, at, during or in anticipation of an examination commits an offence and may be punished on conviction by a court-martial with imprisonment for a term not exceeding two years or a lesser punishment under the Act.

Attempting an offence may attract imprisonment for a term not exceeding seven years where the attempted offence is punishable by death or life imprisonment.

A person subject to this Act who aids, abets, counsels, procures (and in Part provisions, incites or connives) the commission by another person of an offence commits an offence and can be charged, tried and punished as a principal offender (including by court-martial for Part offences).

Section 133 sets out punishments for civil offences (including where treason or murder carry death or lesser punishments), states that when a civil court cannot sentence to imprisonment a convicted person is liable to a punishment (less than dismissal from the Defence Forces), and deems murder or manslaughter to have been committed where the act or omission causing death occurred.

Members of the Defence Forces must not subject anyone to torture or cruel, inhuman or degrading treatment.

A person subject to this Act who is enrolled in the Defence Forces after having been released (for court-martial sentence or misconduct) without declaring those circumstances commits an offence and on conviction by a court-martial may be imprisoned for up to two years or receive lesser punishment.

A person subject to this Act who enrolls another knowing or reasonably believing that the enrolment will cause that person to commit an offence under this Act commits an offence and is liable on conviction by a court-martial to imprisonment for a term not exceeding two years or to lesser punishment.

Persons subject to the Act must not willfully disobey orders to submit to inoculation, vaccination, immunity tests or treatment; doing so is an offence punishable on conviction by a court-martial by up to two years' imprisonment or lesser punishment under the Act.

A court-martial must not try civilian persons subject to this Act charged with sexual offences or offences under domestic violence law when the offence is committed in Kenya; but if such an offence by a person subject to this Act is committed outside Kenya, that person shall be tried and sentenced by a court-martial.

Nothing in this Act or any order, disciplinary code, rules, regulations or manual shall affect the jurisdiction of any civil court to try a person for any offence triable by a civil court.

Section 57 defines who is guilty of an offence: those who commit, aid, abet, counsel or procure an offence; persons who attempt an offence with intent; and persons sharing a common unlawful intention who assist one another.

Section 58 defines various acts described as aiding the enemy and states that a person subject to the Act who negligently causes or allows enemy capture or destruction of Defence Forces' aircraft commits an offence; penalties include death or other punishments if committed with intent to assist the enemy, or life imprisonment or lesser punishment otherwise.

Communication with the enemy is punishable: death or other punishment if committed with intent to assist the enemy; otherwise imprisonment for life or a lesser punishment.

Section 60 defines when a person is deemed to be a spy: acting clandestinely or under false pretences to obtain intelligence in the Defence Forces' zone of operations with intent to communicate it to the enemy; it also clarifies that obtaining the information or communicating it is not essential.

Creates several offences for service members or officers when in action, including failing to obey orders, improperly withdrawing, failing to pursue or consolidate, failing to assist friendly forces, and forsaking station; prescribes punishments varying by traitorous action, cowardice, or other cases.

Persons in command who, during action, fail to perform duties such as bringing defence craft into action, surrendering defence assets when defendable, failing to pursue or assist, or improperly abandoning command commit offences.

Persons may suffer death or other punishment under this Act if the offence is committed with intent to assist the enemy.

It is an offence of cowardice to leave one's post, throw away arms, behave so as to show cowardice, induce others to commit cowardice, run away, or shamefully abandon, surrender or deliver up any command, unit, place, ship, or military property; a person convicted by a court-martial is liable to imprisonment for life or any lesser punishment provided by the Act.

A person subject to this Act who neglects or performs negligently any duty lawfully imposed commits an offence and is liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided by this Act.

It is an offence for a person to spread reports about Defence Forces operations or, when before the enemy, use words that create despondency or unnecessary alarm; conviction may lead to imprisonment for life or lesser punishment.

Advocating governmental change by force; publishing or circulating any writing, printing, or document in whatever form, including electronic form.

A person who is captured by the enemy as a result of disobedience or willful neglect, or who fails to take reasonable steps to rejoin the Defence Forces (or discourages others from doing so), commits an offence and on conviction by a court-martial may be sentenced to life imprisonment or a lesser punishment.

Lists acts by a person on guard duty (e.g., sleeping at/post, being drunk, leaving post without relief, using force, threatening force, being unfit or disorderly) that are offences and sets maximum punishments including life if on active service or up to five years otherwise.

Persons subject to this Act commit an offence for taking, otherwise than for the public service, vehicles, equipment or stores abandoned by an enemy; such offenders face up to ten years' imprisonment on conviction by a court-martial.

Persons subject to the Act commit an offence if they commit wrongful acts outside Kenya against persons or property of members of the civil population; on conviction by a court-martial they face imprisonment for up to two years or a lesser punishment.

Section 72 is titled 'Mutiny' and describes acts constituting mutiny and related offences.

It is an offence for a person to fail to use their utmost exertions to suppress or prevent a mutiny or to fail to report a mutiny without delay.

Desertion: acts described include deserting oneself, persuading others to desert, leaving or failing to join the Defence Forces when duty requires, enlisting or entering while an officer or service member without proper resignation or discharge, absence without leave (including intent to avoid overseas service or service before the enemy), and absence without leave for more than ninety days; penalties include imprisonment up to two years in some cases and courts-martial may forfeit preceding service.

Being absent without leave, or persuading someone subject to the Act to be absent without leave, is an offence punishable on conviction by a court-martial by imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act.

It is an offence for a person to knowingly assist someone subject to the Act to desert or be absent without leave; knowing of such desertion or absence a person must report it without delay and take reasonable steps to have the person apprehended.

Persons subject to the Act who knowingly (or should reasonably know) contravene standing or routine orders commit an offence and, if convicted by a court-martial, may be imprisoned for up to two years or face a lesser punishment under the Act.

Persons subject to this Act commit an offence if they willfully disobey a lawful command sent or given directly to them; penalties vary (up to five years on active service, up to two years otherwise).

Persons subject to the Act who disobey a lawful command of a superior officer commit an offence and may be imprisoned for up to two years on conviction by a court-martial.

Persons subject to the Act who issue a manifestly unlawful order commit an offence punishable on conviction by a court-martial by imprisonment for a term not exceeding five years.

Persons subject to the Act commit an offence if, without reasonable or lawful excuse, they fail to attend any parade or other service duty or leave such parade or duty before being permitted to do so.

Prohibits striking or using violence against an officer and using threatening or insubordinate language or disrespectful behaviour toward an officer; prescribes penalties of up to five years if not on active service and not involving violence against a superior officer, or life (or lesser punishment) in other cases.

A person who commits an offence under subsection (1) is liable on conviction by a court-martial to imprisonment for a term not exceeding two years or any lesser punishment provided by the Act.

It is an offence for a person to feign sickness or otherwise act (or omit to act) with intent to become or keep oneself or another temporarily unfit for service.

It is an offence for a person to be unfit for duty or to behave disorderly (including acts or words) through drugs; exceptions apply for medical/advised or medicinal use; penalty up to two years' imprisonment.

Persons must not fight, threaten or quarrel with another person, nor use threatening, abusive, insulting or provocative words or behaviour intended to provoke or cause disturbance.

Prohibits stealing, receiving stolen public or non-public property, willful damage (including by fire through neglect), and sets penalty up to seven years' imprisonment on conviction by court-martial.

Offences: stealing or fraudulently misapplying property of a person subject to the Act; receiving or retaining property believed to be stolen or fraudulently misapplied; willfully damaging such property. Penalty on conviction by court-martial: imprisonment for a term not exceeding two years or any lesser punishment under the Act.

The section prohibits persons from doing acts (including omissions) that cause damage to or loss of public, non-public, or another person's property; liability depends on intent, recklessness or negligence; defined terms include "act", "causing", "loss", and "property"; on conviction by a court-martial the person may be imprisoned for a term not exceeding fifteen years or to any lesser punishment under this Act.

If a person acted willfully in causing fire, they are liable to imprisonment for life or to lesser punishment.

Defines stealing and conversion as offences and prescribes imprisonment: up to 14 years where the offender was entrusted with custody, control or distribution; otherwise up to 7 years.

Any person subject to the Act who knowingly receives or retains property obtained by a service offence commits an offence and, if convicted by a court-martial, is liable to imprisonment for a term not exceeding seven years or to lesser punishment.

Section willfully destroys, improperly sells, or wastefully expends any non-public or public property or property of any forces cooperating with the Defence Forces.

Offence concerning loss or hazarding of an aircraft, ship or vehicle with punishment including life or any lesser punishment where the person acted willfully or with willful neglect.

Prohibits receiving or permitting to be received on board an aircraft, ship or vehicle any goods or merchandise intended for disposal or delivery by way of trade or business, other than merchandise received in the course of salvage.

A person who loses, negligently damages, misuses, neglects care of, or disposes of certain public or service property commits an offence and on conviction by a court-martial is liable to imprisonment for up to two years or a lesser punishment.

It is an offence for a person to commit any of the acts listed in subsection (1); on conviction by a court-martial the person is liable to imprisonment for up to two years or any lesser punishment provided by the Act.

Makes it an offence to improperly requisition, take possession of, or demand payment related to vehicles (and certain other things) without an authorising requisitioning order.

Dangerous flying is subject to a penalty of a term not exceeding two years where the person has not acted willfully or with willful neglect.

Subject to section 139, a member of the military police may arrest any person who is subject to this Act and suspected of committing an offence under this Act.

A member of the Defence Forces who is exercising a power of arrest may search the arrested person on reasonable grounds.

Section 139 sets who may arrest whom under the Act: officers may be arrested by superior officers (or any officer if in a quarrel or disorder); service members or cadets may be arrested by officers, warrant officers or non-commissioned officers but only by a person of superior rank; military police may arrest officers or service members (and may arrest service members of any rank); and arrests under this section may be effected personally or by ordering another to arrest.

Commanding officers must report and may hold accused persons under specified conditions; reports must be made to the Service Commander and, if proceedings have not begun after 42 days, the commanding officer must hold the accused under open arrest.

Section 141 allows a police officer or, if none is available, any person to arrest someone reasonably suspected of being an officer or service member who has deserted or is absent without leave; certain authorised persons may issue warrants; persons arrested and brought before a Magistrates' Court under this or related sections are not entitled to bail.

When a person brought before a Magistrate's Court is alleged to be a deserter or absent without leave, the Magistrate's Court may (if the person is in custody for another cause) either deliver the person into service custody, commit them to a prison or similar place for a period reasonably necessary to enable delivery into service custody (or until so delivered), or discharge the accused unless in custody for another reason; the Court may extend time fixed under subsection (2) when reasonably necessary.

If a deserter or absentee surrenders to a police officer away from a station, the police officer must take that person to a police station.

When a Magistrates' Court deals with a person under section 142 and the person is delivered into service custody, the court must hand over a prescribed certificate signed by a magistrate; if a person is delivered into service custody without being brought before a court under section 143 or other lawful power, the police officer who causes delivery must hand over a prescribed certificate signed by that officer.

The superintendent or person in charge of a civil prison, police station or other place of custody must receive any officer, service member or constabulary member committed by a Magistrates' Court for desertion or absence without leave and detain them until delivered into service custody per the court's directions.

Civil custody must receive and detain certain persons from service custody for up to fifteen days on a written order; magistrates may remand such persons to civil custody for up to twenty-one days and may return them to service custody or discharge them by endorsement on the warrant.

Guiding principles (refers to Article 47 of the Constitution).

Commanding officers or appropriate superior authorities may deal summarily with certain disciplinary charges subject to prescribed limits; but a commanding officer of rank major must not deal summarily with charges against captains or above, and commanding officers below major must not deal summarily with charges against any officer.

Defines who is the appropriate superior authority (Chief of the Defence Forces, Service Commander, or an officer not below Lieutenant-Colonel or corresponding rank) and excludes officers of a prescribed rank from acting as that authority when the accused is above that prescribed rank.

The commanding officer must forward complaints about alleged Part VI offences to the military police for investigation.

Accused persons have a right to representation; nominees for representation must meet specified conditions and must not be trained lawyers; if the offence is punishable by death the accused is entitled to state-funded legal representation.

A commanding officer (or appropriate superior) may conduct a summary trial only if five listed conditions are met; a commanding officer must not preside if they laid or caused the charge or are the complainant, except when it is not practicable for another commanding officer to conduct the trial.

A person must not have a charge handled summarily for an offence under this Act unless the trial began within three years after the offence (subject to subsections (2) and (3)).

If a person subject to the Act accepts a summary trial, that person or their representative may present evidence and call witnesses during the hearing; the commanding officer must consider all information, and be convinced the accused committed the offence before imposing punishment.

Section 155 allows commanding officers to deal summarily with or dismiss certain charges and lists a range of punishments (forfeiture of seniority, fines, reprimands, admonition, stoppages), and provides limits on recoveries and combination of punishments.

Commanding officers may deal summarily with, dismiss, or refer charges; the section lists possible punishments including dismissal, reduction in rank, forfeiture of seniority up to six months, fines up to one month's pay, reprimands, minor punishments, admonition, stoppages, and imprisonment not exceeding forty-two days (aggregate). Recovery under this section is limited to not more than half of basic salary in any one instance.

Before a summary charge is dealt with, the commanding officer or appropriate superior authority must offer the accused the opportunity to opt for trial by court-martial; if the accused opts, the charge is referred to the Director of Military Prosecutions who is the final authority to decide whether the matter goes to court-martial or back to summary trial; the accused may withdraw the option before the court-martial is convened.

A reviewing authority may at any time review a summary finding or award and may quash a finding for mistakes of law or substantial injustice; if a finding is quashed the authority shall also quash the award.

Commanding officers must submit trial findings in writing to a superior commander within 14 days; the superior commander must review within 14 days of receipt and inform the accused in writing; the accused may seek other legal redress or apply to the Defence Council.

Allows specified actors to appeal court-martial decisions to the High Court and beyond.

The High Court may extend the period for lodging a notice of Appeal (except in death‑sentence convictions); an appellant may present the appeal in writing.

On an appeal against sentence, the court may reduce or increase the sentence or alter its nature.

The High Court, on appeal, must quash a conviction and substitute a special finding of insanity if it considers the appellant committed the act but was insane; terms of sentences passed by the High Court generally run from the time they would have run in the original proceedings unless the High Court directs otherwise.

The High Court may appoint an expert to assist in appeals when such knowledge is required for proper determination.

Appellants have the right to be present (either by rules of court or if the High Court grants leave), and the High Court may exercise its powers under this Part even if the appellant is absent.

When a person appeals a conviction or sentence, the Director of Public Prosecutions must arrange the defence of the appeal.

A person sentenced to death is entitled to an opportunity to appeal.

If an appellant is in custody, the appellant must be taken to, kept in custody at, and brought back from any place at which the appellant is entitled to be present for the purposes of this Part; the High Court may order the appellant to be taken to any prescribed place for the purpose of its proceedings.

When hearing an appeal under this Part, the High Court must be made up of one or more Judges.

When there is an appeal under this Part, the Defence Court Administrator must provide the Registrar with the court-martial's proceedings record following the rules of court martial.

The Registrar must take all necessary steps to obtain determination of appeals under this Part, obtain and present to the High Court documents and exhibits necessary for appeals, and must furnish forms and instructions about appeals to requesters and prison authorities; prison officers must make those forms available to prisoners who want to lodge an appeal.

This Part does not affect the exercise of the power of mercy under Article 133 of the Constitution.

Provisions of the Criminal Procedure Code about hearing appeals from subordinate courts apply to hearing and determining appeals under this Part, subject to this Part and any rules of court.