Kenya Defence Forces Act
Part 2 of 2 · provisions 201–317
The Act's short title is "Kenya Defence Forces Act."
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 199
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
- Complete work
- View statute overview
Source attribution: Source: Kenya Law
Statute overview
About this statute
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.
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Provisions of Kenya Defence Forces Act
Showing 117 of 317
Part XI
PROVISIONS CONCERNING TRIAL AND PUNISHMENT
- 200 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 200. Commencement of sentence of imprisonment
A sentence of imprisonment or active service punishment for an offence under Part VI runs from the beginning of the day on which the sentence was originally pronounced or awarded, subject to the rule on consecutive or concurrent sentences when a person is later convicted of another offence.
Section 200. Commencement of sentence of imprisonment Section 200(1) A sentence of imprisonment or of active service punishment in respect of an offence under Part VI shall run from the beginning of the day on which sentence was originally pronounced by the court-martial, or was originally awarded by the commanding officer or appropriate superior authority, as the case may be, subject to subsection (2). Section 200(2) If, after being convicted or found guilty of an offence, a person is convicted or found guilty of another offence either before sentence is passed under the first conviction or before the expiration of that sentence, any sentence of imprisonment or active service punishment in respect of the subsequent conviction shall be executed after the expiration of the former sentence, unless the sentence is executed concurrently with the former sentence or any part thereof. - 201 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 201. Duration of sentence of imprisonment
When calculating the period of imprisonment, do not count the time from the day the person became at large until the day the person is taken into custody or returns to the place of imprisonment.
Section 201. Duration of sentence of imprisonment Section 201(1)(a) in calculating the period for which the person is liable to be imprisoned under the sentence, no account shall be taken of the time beginning with the day on which the person became at large and ending with the day on which the person is taken into service custody or the custody of a civil authority or (not having been taken into such custody) returns to the place of imprisonment before he or she become unlawfully at large; Section 201(1)(b) but the person satisfies the prescribed authority that, during any part of a period contemplated in paragraph (a), the person was in the custody of a civil authority otherwise than on account of an offence committed while unlawfully at large, such part shall not be disregarded in calculating the period for which the person is liable to be imprisoned under the sentence. Section 201(2) For the purposes of subsection (1), "civil authority" means an authority, other than a service authority, of Kenya or of a foreign country (including a police officer), authorised by law to detain persons. Section 201(3)(a) is serving a sentence of imprisonment in a civil prison in respect of an offence under Part VI; and Section 201(3)(b) after being temporarily released under some law, is at large at any time during the period for which the person is liable to be imprisoned in a civil prison under the sentence, Section 201(4) Without prejudice to subsection (1), if any person who is serving a sentence of imprisonment for an offence under Part VI has been temporarily released on compassionate grounds in the prescribed circumstances, in calculating the period for which the person is liable to be imprisoned under the sentence, no account shall be taken of the time beginning with the day after that on which the person is released and ending with the day on which the person is required to return to custody. Section 201(5)(a) released under subsection (4) for any period; or Section 201(5)(b) otherwise allowed out of service custody, under regulations made under this Act, for any period or subject to any condition, - 202 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 202. Service of sentence of imprisonment
When a person is sentenced to imprisonment for an offence under Part VI, the person's commanding officer must send them to prison and the prison superintendent or person in charge must receive and imprison them until the sentence is served or they are lawfully delivered from the prison.
Section 202. Service of sentence of imprisonment Section If a sentence of imprisonment is passed on or awarded to a person for an offence under Part VI, that person's commanding officer shall cause the person to be sent to a prison and the superintendent or other person in charge of the prison shall receive and imprison the person until the sentence has been served, or the person is otherwise lawfully required to be delivered from the prison. - 203 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 203. Committal to civil prison
A person sentenced to death or imprisonment who is committed or transferred to a civil prison must be imprisoned and dealt with in the same manner as someone in that prison under a similar civil court sentence.
Section 203. Committal to civil prison Section A person who is sentenced to death or imprisonment, and who is committed or transferred to a civil prison, shall be imprisoned and otherwise dealt with in the same manner as a person imprisoned in the same prison under a similar sentence of civil court. - 204 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 204. Sentence of imprisonment passed outside Kenya
If a person is sentenced by a court-martial held outside Kenya to imprisonment for a term exceeding forty-two days, the person shall be returned to Kenya as soon as practicable after the sentence has been passed.
Section 204. Sentence of imprisonment passed outside Kenya Section If a person is sentenced by a court-martial held outside Kenya to imprisonment for a term exceeding forty-two days, the person shall be returned to Kenya as soon as practicable after the sentence has been passed. - 205 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 205. Indemnity for person acting under warrant
Persons acting under a sentence of imprisonment for an offence under Part VI are exempt from civil action for acts that would have been lawful but for a defect in the warrant or instrument for that sentence.
Section 205. Indemnity for person acting under warrant Section An action shall not lie in respect of anything done by any person under a sentence of imprisonment for an offence under Part VI, if the doing thereof would have been lawful but for a defect in any warrant or other instrument made for the purposes of that sentence. - 206 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 206. Proof of certain facts by documentary evidence
Specifies which documentary materials are admissible as evidence of specified facts in proceedings under this Act, and identifies particular documents and certificates that are to be treated as evidence of the facts they state.
Section 206. Proof of certain facts by documentary evidence Section 206(1) This section applies to evidence in proceedings under this Act, whether before a court-martial, a commanding officer, the appropriate superior authority, a court or otherwise. Section 206(2) A document purporting to be a copy of the attestation paper signed by any person and to be certified to be a true copy by a person stated in the certificate properly to have the custody of the attestation paper shall be evidence of the enlistment of the person attested. Section 206(3) The attestation paper purporting to be signed by a person on enlistment shall be evidence of the person having given the answers to questions that the person is therein recorded as having given. Section 206(4)(a) was or was not serving at any particular time, or during any particular period, in the Defence Forces or in any particular service of the Defence Forces or part thereof, or was discharged therefrom at or before any particular time; Section 206(4)(b) held or did not hold at any particular time any particular rank or appointment in any particular service of the Defence Forces, or had at or before any particular time been attached, posted or transferred to the Defence Forces or any particular service of the Defence Forces or part thereof, or at any particular time or during any particular period was or was not serving or held or did not hold any rank or appointment in any particular country or place; or Section 206(4)(c) was or was not at any particular time authorized to use or wear any particular decoration, badge, wound stripe or emblem, Section 206(5) A record made in any service book or other prescribed document, being a record made under this Act or otherwise under service duty, and purporting to be signed by the commanding officer or by any person whose duty it was to make the record, shall be evidence of the facts stated therein, and a document purporting to be a copy of any such record (including the signature thereto) and to be certified to be a true copy by a person stated in the certificate properly to have the custody of the service book or other prescribed document shall be evidence of the record. Section 206(6) A document purporting to be issued by order of the President, the Chief of the Kenya Defence Forces or the Service Commander and to contain instructions or orders given or made by the President, the Chief of the Kenya Defence Forces or the Service Commander shall be evidence of the giving of the instructions or making of the orders and of their contents. Section 206(7)(a) that a decoration of a description specified in or annexed to the certificate is a service decoration; or Section 206(7)(b) that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is one supplied or authorised by the President or the Chief of the Kenya Defence Forces, Section 206(8)(a) any formation or unit or body of men and women of the Defence Forces; Section 206(8)(b) any command or other area, garrison or place; or Section 206(8)(c) any aircraft, ship or train, Section 206(9) A certificate purporting to be signed by the Defence Council that any unit is a unit of the Defence Forces shall be conclusive evidence of the facts stated therein. Section 206(10) A certificate purporting to be signed by a person's commanding officer stating that such person is or is not a member of any unit of the Defence Forces shall, in proceedings against such person, be evidence of the facts stated in such certificate. - 207 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 207. Proof of outcome of civil trial
Lists evidentiary matters about the outcome of a civil trial (that a person was tried, the result, the judgment or order, and offences taken into consideration) and states that a document purporting to be a certificate under this section signed by a judge or magistrate shall, unless the contrary is shown, be taken to be such a certificate.
Section 207. Proof of outcome of civil trial Section 207(1)(a) that the person has been tried by the court for a particular offence; Section 207(1)(b) as to the result of the trial; Section 207(1)(c) as to what judgment or order was given or made by the court; or Section 207(1)(d) that other specified offences were taken into consideration at the trial, Section 207(2) A document purporting to be a certificate under this section and to be signed by a judge or a magistrate shall, unless the contrary is shown, be taken to be such a certificate. - 208 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 208. Evidence of proceedings of court-martial
Original proceedings of a court-martial signed by the presiding officer, when produced from proper custody, are admissible in evidence before a court-martial or a civil court; a certified copy of the record by the custodian is evidence of the record or that part.
Section 208. Evidence of proceedings of court-martial Section 208(1) The original proceedings of a court-martial purporting to be signed by the presiding officer of the court shall, on production from proper custody, be admissible in evidence before a court-martial or a civil court. Section 208(2) A document purporting to be a copy of the, record of the proceedings of a court-martial or of any part thereof and to be certified to be a true copy by a person stated in the document properly to have the custody of the record shall be evidence of the record or of that part thereof. - 209 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 209. Trial of offence after offender ceases to be subject to Act
Persons who were subject to this Act and have committed or are reasonably suspected of committing an offence under Part VI are to be treated as still subject to the Act for arrest, custody, investigation, charges, trial and punishment, and execution of sentences, even if they have ceased to be subject to the Act.
Section 209. Trial of offence after offender ceases to be subject to Act Section 209(1) Subject to section 211 , if a person who is subject to this Act has committed, or is reasonably suspected to have committed an offence under Part VI, the person shall, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation or charges, trial and punishment by a court-martial and execution of sentences in relation to that offence or suspected offence, be treated, as being still subject to this Act, although that the person may have ceased to be subject to this Act. Section 209(2)(a) who is treated, by virtue of subsection (1), as being still subject to this Act and is in service custody; and Section 209(2)(b) while in such custody (whether before or after trial) commits, or is reasonably suspected of having committed, an offence which, if he or she were actually subject to this Act, would be an offence under Part VI, Section 209(3)(a) if the person holds any rank in the Defence Forces, as to a person having that rank; Section 209(3)(b) in any other case, as to a person having the rank which the person held when last actually subject to this Act. Section 209(4) If, under subsection (3), any provision of this Act, apart from this subsection, would apply to a person in relation to different offences, as to a person having different ranks, it shall apply to the person as to a person having the lower or lowest of those ranks. - 210 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 210. Limitation of time for trial of offences
Section 210 sets limits and exceptions on when trials for certain offences may be started and includes deletions of subsections (1)–(3); subsection (4)(a) requires a trial to begin within three months after a person ceases to be subject to the Act; subsection (4)(b) covers civil offences committed outside Kenya that may be tried summarily or by court martial; subsection (5) provides that a person who committed an offence under section 45(1)(a) (otherwise than on active service) and has since served continuously and exemplarily in the Defence Forces for at least three years shall not be tried for that offence.
Section 210. Limitation of time for trial of offences Section 210(1) Deleted by ActNo. 44 of 2016, s. 29(a). Section 210(2) Deleted by ActNo. 44 of 2016, s. 29(a). Section 210(3) Deleted by ActNo. 44 of 2016, s. 29(a). Section 210(4)(a) the trial is begun within three months after the person ceases to be subject to this Act; or Section 210(4)(b) the trial is for a civil offence committed outside Kenya which may be tried summarily or by court martial. Section 210(5) If a person who has committed an offence under section 45 (1)(a) (otherwise than on active service) has subsequently served as a member of the Defence Forces continuously in an exemplary manner for not less than three years, that person shall not be tried for that offence. [Act No. 44 of 2016 , s. 29.] - 211 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 211. Trials by civil courts
This section says that nothing in the Act limits the offences for which a person may be tried by a civil court, and that a civil court retains jurisdiction to try a person under the Act for offences other than offences under Part VI.
Section 211. Trials by civil courts Section 211(1) Nothing in this Act restricts the offences for which a person may be tried by a civil court, or the jurisdiction of a civil court to try a person subject to this Act for an offence other than an offence under Part VI. Section 211(2)(a) is tried by a civil court for a civil offence; and Section 211(2)(b) has already been sentenced to or awarded punishment for an offence under Part VI consisting of an act or omission that constitutes (whether wholly or in part) the civil offence, - 212 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 212. Persons not to be tried under this Act for offences already disposed of
Persons who have already had an offence dealt with (tried, had charge dismissed or condoned) shall not be tried under this Act for that same offence.
Section 212. Persons not to be tried under this Act for offences already disposed of Section 212(1)(a) has been tried for that offence by a competent civil court or under Part VI, or has had an offence committed by the person taken into consideration by any court or by a court-martial in sentencing the person; or Section 212(1)(b) has been charged with an offence under Part VI, and has had the charge dismissed, or has been found guilty on the charge, by the person's commanding officer or the appropriate superior authority; or Section 212(1)(c) has had an offence condoned by the person's commanding officer or the appropriate superior authority, as the case may be. Section 212(2)(a) a case shall be deemed to have been dealt with summarily by the commanding officer or appropriate superior authority despite the fact that the finding of that officer or authority has been quashed, or the award of that officer or authority quashed or varied, on the review; Section 212(2)(b) an offence shall be deemed to have been condoned by the commanding officer of a person alleged to have committed the offence if, and only if, that officer or any officer authorised in relation to the alleged offence, with knowledge of all relevant circumstances, has informed the person that charges will not be brought against the person in relation to the alleged offence; Section 212(2)(c) a person ordered under section 106 (2) to be imprisoned for an offence under that section shall be deemed to have been tried by a court- martial for the offence. Section 212(3) Except as provided for under this section, proceedings for an offence under Part VI (whether before a court-martial or before a commanding officer or appropriate superior authority) shall not be barred on the ground of condonation. - 213 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 213. Director of military prosecutions
Creates a Director of Military Prosecutions appointed by the Defence Council with specified qualifications and powers over investigations and prosecutions, subject to limits such as requiring Judge Advocate permission to discontinue proceedings.
Section 213. Director of military prosecutions Section 213(1) There shall be a Director of Military Prosecutions in the Ministry responsible for Defence who shall be appointed by the Defence Council. Section 213(2)(a) an officer not below the rank of Lieutenant Colonel; and Section 213(2)(b) an advocate of the High Court of Kenya of not less than ten years standing. Section 213(3)(a) have power to direct military police to investigate any information or allegation of criminal conduct, and a military police shall comply with any such direction; Section 213(3)(b) exercise powers of prosecution under this Act and shall undertake prosecutions at a court-martial against any person subject to this Act in respect of any alleged offence under Part VI; Section 213(3)(ba) notwithstanding the provisions of section 157 , have power to decide whether to prosecute or not to prosecute in relation to any offence under this Act wherein the accused person elects to be tried by court martial, or a commanding officer, or an appropriate superior authority remands the case for trial by court martial; Section 213(3)(bb) amend or substitute a charge referred to him or her by the Commanding Officer or appropriate superior authority at any time before a Court Martial is convened; Section 213(3)(bc) refer a charge or substituted charge to the Commanding Officer or appropriate superior authority with direction that the same be tried summarily or be dismissed; Section 213(3)(c) have power with the permission of the Judge Advocate to discontinue any proceedings before a court-martial at any stage before summing up by Judge Advocate. Section 213(4) The Director of Military Prosecutions shall not discontinue proceedings before a courts martial unless with the permission of the Judge Advocate. Section 213(5) Except as provided for in this Act, the Director of Military Prosecutions shall not require the consent of any person or authority for prosecutions and, in the exercise of the powers or functions under subsection (3) of this section shall not be under the direction or control of any person or authority. Section 213(6) The office of the Director of Military Prosecutions shall be an independent office within the Defence Forces. [Act No. 44 of 2016 , s. 30.] - 214 Verify source ↗
PROVISIONS CONCERNING TRIAL AND PUNISHMENT - 214. Delegation of powers and function by the Director of Military Prosecutions
The Director of Military Prosecutions may exercise his powers personally or through legal officers appointed by the Defence Council (except the power to discontinue proceedings before a court-martial); delegations do not remove the Director's responsibility and may be withdrawn, and decisions of delegates may be withdrawn or amended by the Director.
Section 214. Delegation of powers and function by the Director of Military Prosecutions Section 214(1) The powers of the Director of Military Prosecutions, except the power to discontinue proceedings before a court-martial, may be exercised in person, or by any legal officers, appointed by the Defence Council and acting under the Director of Military Prosecutions. Section 214(2) A delegation or assignment under subsection (1) shall not prevent the Director of Military Prosecutions from exercising the power in question in person. Section 214(3)(a) shall not divest the Director of Military Prosecutions of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and Section 214(3)(b) may be withdrawn, and any decision made by the person so delegated to may be withdrawn or amended by the Director of Military Prosecutions.
Part XII
FORFEITURES AND DEDUCTIONS
- 215 Verify source ↗
FORFEITURES AND DEDUCTIONS - 215. General Provisions
An officer or service member must not have pay forfeited or deductions made unless authorised by this Act or prescribed; even after a deduction or forfeiture is ordered the person is entitled to be paid at least the prescribed minimum rate, and authorised amounts may be recovered by deduction until fully recovered.
Section 215. General Provisions Section 215(1) No forfeiture of the pay of an officer or service member shall be imposed and no deduction from such pay shall be made unless it is authorised by this Act or as prescribed. Section 215(2) Where deduction or forfeiture is ordered from the pay of an officer or service member, that person shall, subject to the deduction or forfeiture remain in receipt of payment at a rate not less than that prescribed for the purposes of this section and any amount which the person should pay or forfeit for any period may be recovered by deduction from pay until all payment or amount due is recovered. Section 215(3) Any amount authorised to be deducted from the pay of an officer or service member may be deducted from any balance (whether or not representing pay) which may be due to the officer or service member, and references in this Act to the making of deductions from pay shall be construed accordingly. - 216 Verify source ↗
FORFEITURES AND DEDUCTIONS - 216. Forfeiture of pay for absence from duty
Forfeiture of pay for absence from duty
Section 216. Forfeiture of pay for absence from duty Section 216(1)(a) for any day of absence in circumstances that constitute an offence under section 74 or 75 or, if the Chief of the Kenya Defence Forces or an authorised officer so directs, for any day of other absence without leave (other than absence by reason of having been captured by the enemy); Section 216(1)(b) for any day of imprisonment or active service punishment to which the officer or service member is sentenced by a court-martial or that is awarded by the commanding officer or the appropriate superior authority, or imprisonment of any description to which the person is liable by virtue of a sentence or order of a civil court; Section 216(1)(c) if the person is convicted or found guilty of an offence under Part VI, for any day (whether before or after he or she is convicted or found guilty) on which the person is in hospital on account of sickness or injury certified by a medical officer to have been occasioned by the offence. Section 216(2)(a) the person was captured through disobedience of orders or willful neglect of duty; Section 216(2)(b) having been captured, failed to take any reasonable steps available to rejoin the Defence Forces; or Section 216(2)(c) while in captivity the person served with or aided the enemy in the prosecution of hostilities or in the taking of measures calculated to influence morale, or in any other way whatsoever not authorised by inter usage. Section 216(3) Time shall be computed for the purposes of this section (and in particular, as to the counting or disregarding of parts of days) in the prescribed manner. - 217 Verify source ↗
FORFEITURES AND DEDUCTIONS - 217. Deductions for penalties
If a fine or payment is made on behalf of an officer or service member, the amount may be deducted from that person's pay.
Section 217. Deductions for penalties Section 217(1) If a fine is imposed on an officer or service member under this Act, the amount of the fine may be deducted from that person's pay. Section 217(2) If an officer or service member is charged with a civil offence, whether within or outside Kenya, and is sentenced or ordered by the court to pay any fine, penalty, damages, compensation or costs, and the whole or part thereof is met by a payment made by or on behalf of any service authority, the amount of the payment may be deducted from the person's pay. - 218 Verify source ↗
FORFEITURES AND DEDUCTIONS - 218. Compensation for loss occasioned by wrongful act or negligence
After a prescribed investigation, if the Service Commander or an authorised officer finds loss or damage to public property caused by wrongful act or negligence of an officer or service member, the Service Commander or authorised officer may order that person to pay a specified sum as compensation, and any such sum may be deducted from that person's pay.
Section 218. Compensation for loss occasioned by wrongful act or negligence Section 218(1) Without prejudice to the provisions of this Act as to the imposition of stoppages as a punishment, the following provisions shall have effect if, after the prescribed investigation, it appears to the Service Commander or an authorised officer that any loss of, or damage to public property has been occasioned by any wrongful act or negligence of an officer or service member (in this section referred to as the person responsible). Section 218(2) The Service Commander or authorised officer may order the person who is responsible to pay a specified sum as or towards compensation for the loss or damage, and any such sum may be deducted from the person's pay, so far as it has not otherwise been paid by the person responsible. Section 218(3)(a) has been exonerated by a finding that the person was not guilty of the wrongful act or negligence in question; or Section 218(3)(b) has been awarded stoppages in respect of the same loss or damage, - 219 Verify source ↗
FORFEITURES AND DEDUCTIONS - 219. Deduction for barrack damage
When damage to Defence Forces premises (or to fixtures/effects) is found to have been caused by wrongful act or negligence of members who cannot be identified, any person belonging to those units may be required to contribute a just amount toward compensation, which may be deducted from their pay.
Section 219. Deduction for barrack damage Section 219(1) If damage occurs to any premises in which one or more units of the Defence Forces, or parts of such units, are quartered or billeted, or any fixtures, furniture or effects in or belonging to such premises are damaged or lost, and it appears on investigation in the prescribed manner that the damage or loss was occasioned by the wrongful act or negligence of persons belonging to any of the units or parts of units but that those persons cannot be identified, any person belonging to any of the units or parts of units may be required to contribute in the prescribed manner, towards compensation for the damage or loss, such amount as may be determined to be just, and the amount may be deducted from each such person's pay. Section 219(2) Subsection (1) extends to vehicles, aircraft, ships and trains in which units or parts of units of the Defence Forces are being transported, and reference to premises, quartering and occupation shall be construed accordingly. - 220 Verify source ↗
FORFEITURES AND DEDUCTIONS - 220. Remission of forfeitures and deductions
The Service Commander or a prescribed authority may remit a forfeiture or deduction imposed under specified sections or regulations.
Section 220. Remission of forfeitures and deductions Section A forfeiture or deduction imposed under any of section 147 , 160 , 161 or 162 or under regulations made or under this Act, may be remitted by the Service Commander, or by such authority as may be prescribed.
Part XIII
BILLETING AND REQUISITIONING
- 221 Verify source ↗
BILLETING AND REQUISITIONING - 221. Billeting orders
When this section is active under an order made under section 182, an officer of at least major rank commanding a Defence Forces unit may issue a billeting order requiring the local police officer in charge to provide billets for a specified number of members or vehicles of the Defence Forces.
Section 221. Billeting orders Section At any time when this section is in operation by virtue of an order under section 182 , if an officer not below the rank of major or corresponding rank commanding a unit of the Defence Forces, considers it necessary for the purpose of securing accommodation for members of the Defence Forces or their vehicles, the officer may issue a billeting order requiring the police officer in charge of police for a specified area to provide billets at specified places in that area for a specified number of members of the Defence Forces, or for a specified number of vehicles of the Defence Forces, or for both. - 222 Verify source ↗
BILLETING AND REQUISITIONING - 222. Full and prompt compensation
A person deprived of property under an order made under this Part is entitled to prompt payment in full of just compensation.
Section 222. Full and prompt compensation Section 222(1) Billeting in this Act shall be subject to the Bill of Rights under the Constitution. Section 222(2) A person who has been deprived of his or her property under an order made pursuant to this Part shall be entitled to prompt payment in full of just compensation. - 223 Verify source ↗
BILLETING AND REQUISITIONING - 223. Instances where billeting orders may be issued
Billeting orders may be issued in a state of emergency.
Section 223. Instances where billeting orders may be issued Section a state of emergency; - 224 Verify source ↗
BILLETING AND REQUISITIONING - 224. Premises in which billets may be required
Billets may be required in hotels and other premises providing sleeping accommodation for reward; in buildings to which the public habitually have access or which are publicly funded; and in dwellings, outhouses, warehouses, barns or stables.
Section 224. Premises in which billets may be required Section 224(1)(a) in any hotel (whether licensed or not) or in any other premises occupied for the purposes of a business consisting of or including the provision of sleeping accommodation for reward; Section 224(1)(b) in any other building to which the public habitually have access, whether on payment or otherwise, or which is wholly or partly provided or maintained out of public funds; or Section 224(1)(c) in any dwelling, outhouse, warehouse, barn or stables, but not in any other premises. Section 224(2) Billets for vehicles may be required to be provided in any building or on any land. - 225 Verify source ↗
BILLETING AND REQUISITIONING - 225. Billeting
When a billeting order is produced to the police officer in charge, that officer must billet occupiers of specified premises with required persons or vehicles (not exceeding numbers in the order); the officer must act to cause least hardship; the officer may authorise other police officers to exercise these functions subject to restrictions.
Section 225. Billeting Section 225(1) If a billeting order has been produced to a police officer in charge of police for the specified area, the officer, on the demand of the officer commanding a unit of the Defence Forces, or on the demand of an officer or service member authorized in writing by such an officer, shall billet on the occupiers of premises which fall within section 224 , and are at one of the places specified in the billeting order, such number of persons, or vehicles as may be required by the officer or service member, not exceeding the number specified in the billeting order. Section 225(2) The police officer in charge of police shall exercise the functions under this section in such manner as the police officer considers will cause least hardship to persons on whom billeting takes place. Section 225(3) The police officer in charge of police may, to such extent and subject to such restrictions as the police officer thinks proper, authorise any police officer to exercise functions under this section, and the provisions of this section shall apply accordingly. - 226 Verify source ↗
BILLETING AND REQUISITIONING - 226. Accommodation to be provided, and payment thereof
Occupiers billeting persons must provide accommodation and meals as required and available; occupiers billeting vehicles must provide standing room; billeted persons or vehicles may remain billeted while section 221 operates and the allotment of billets may be varied.
Section 226. Accommodation to be provided, and payment thereof Section 226(1) If persons are billeted under a billeting order, the occupier on whom they are billeted shall furnish such accommodation and meals as the officer or service member demanding the billets may require and are available, not exceeding such accommodation and meals as may be prescribed. Section 226(2) If vehicles are billeted under a billeting order, the occupier on whom they are billeted shall furnish standing room for the vehicles. Section 226(3) If persons or vehicles have been billeted under billeting order, they may, so long as section 221 is in operation, continue to be billeted for such period as is requisite, and the allotment of the billets among the persons or vehicles concerned may be varied from time to time. Section 226(4)(a) has its surface made up for the passage or parking of vehicles; and Section 226(4)(b) is not land where vehicles are normally allowed to stand free of charge irrespective of the persons by whom they are owned or driven. Section 226(5)(a) at least once in every seven days, if the billeting continues for more than seven days; and Section 226(5)(b) before the persons billeted finally leave, or the vehicles are finally removed from the premises where they are billeted. - 227 Verify source ↗
BILLETING AND REQUISITIONING - 227. Where there is no occupier
If there is no occupier of premises, the person entitled to possession is to be treated as the occupier for the purposes of this Part.
Section 227. Where there is no occupier Section In relation to premises of which there is no occupier, this Part shall apply as if the person entitled to possession thereof were the occupier. - 228 Verify source ↗
BILLETING AND REQUISITIONING - 228. Appeals against billeting
The committee may reassign billeted persons, dismiss applications, or grant exemptions; the Cabinet secretary must make regulations to implement this section.
Section 228. Appeals against billeting Section 228(1)(a) is aggrieved by having an undue number of persons billeted upon the person under a billeting order; or Section 228(1)(b) claims that by reason of special circumstances the person should be exempted from having persons so billeted, either generally or on a particular occasion, Section 228(2) On an application under subsection (1)(a), the committee may direct that such number of the persons billeted as may seem just shall be billeted on some other occupier, or may dismiss the application. Section 228(3) On an application under subsection (1)(b), the committee may grant such exemption as may seem just, or may dismiss the application. Section 228(4) An application under subsection (1) shall not affect billeting pending the determination of the application. Section 228(5) The Cabinet secretary shall make regulations to give effect to this section. - 229 Verify source ↗
BILLETING AND REQUISITIONING - 229. Compensation for damage
If premises are damaged by billeting under a billeting order, the occupier must recover from the Government compensation equal to the cost of repair.
Section 229. Compensation for damage Section 229(1) If any damage is caused to any premises by the billeting of persons or vehicles under a billeting order, the occupier shall recover from the Government, compensation of an amount equal to the cost of repair to the premises caused by the damage. Section 229(2) Such court of competent jurisdiction, as the Chief Justice shall determine, shall have jurisdiction to deal with any claim arising under subsection (1), irrespective of the amount of the claim. Section 229(3) In awarding compensation under this Part the Court shall respect and uphold the right to property under Article 40 of the Constitution. - 230 Verify source ↗
BILLETING AND REQUISITIONING - 230. Application to civilians employed with Defence Forces and to aircraft, ships and boats
The Part's provisions apply to certain civilians employed with the Defence Forces who are not entitled to be billeted, and the Part also applies to aircraft, ships and boats as it does to vehicles; for ships and boats, "land" includes water.
Section 230. Application to civilians employed with Defence Forces and to aircraft, ships and boats Section 230(1) In relation to persons employed with the Defence Forces and not entitled under the provisions of this Part to be billeted being persons of such descriptions as may be prescribed, those provisions shall apply as they apply in relation to members of the Defence Forces. Section 230(2) The provisions of this Part apply in respect of aircraft, ships and boats as they apply in respect of vehicles, and in relation to ships and boats, land shall include water. - 231 Verify source ↗
BILLETING AND REQUISITIONING - 231. Requisitioning orders
An officer of at least the rank of major commanding part of the Defence Forces may issue a requisitioning order for specified vehicles when the section is in operation and the officer considers it necessary for defence or public safety and such necessity justifies hardship to persons with interests in the vehicles.
Section 231. Requisitioning orders Section At any time when this section is in operation by virtue of an order made under section 240 , if an officer not below the rank of major or corresponding rank commanding any part of the Defence Forces considers it is necessary in the interest of defence or public safety and the necessity is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the vehicles, may issue a requisitioning order authorising the requisitioning of specified vehicles, or of a specified number of vehicles of a specified description from among the vehicles in a specified area for meeting the needs of any specified unit of the Defence Forces or any part thereof. - 232 Verify source ↗
BILLETING AND REQUISITIONING - 232. Requisitioning directions
Section 232 sets out directions for requisitioning vehicles, including authorized descriptions and limits, where and when a vehicle must be furnished, certain exclusions for non-mechanically propelled vehicles and normally-drawn trailers, procedures when a person refuses or cannot practicably be given a direction, and a duty on the police officer in charge to provide police to accompany requisitioning where requested.
Section 232. Requisitioning directions Section 232(1)(a) in so far as the requisitioning order authorises the requisitioning of specified vehicles, of all or any of those vehicles; or Section 232(1)(b) in so far as the order authorizes the requisitioning of vehicles of a specified description, of the number of vehicles of that description specified in the order or any lesser number of such vehicles. Section 232(2)(a) to furnish it immediately at the place where it is; or Section 232(2)(b) to furnish it at a place within one hundred kilometers from the premises of that person, at a time specified by the officer or service member giving the direction, but no direction shall be given under this paragraph as respects either a vehicle that is not mechanically propelled, or a trailer normally drawn by a mechanically propelled vehicle. Section 232(3)(a) is satisfied that a person Who has been directed to furnish a vehicle under subsections (1) and (2) has refused or failed to furnish it in accordance with that direction; or Section 232(3)(b) has reasonable grounds for believing that it is not practicable without undue delay to give such a direction to the person having possession of the vehicle, Section 232(4) The police officer in charge of police for any area specified in a requisitioning order shall, on being so requested by or on behalf of the officer to whom the requisitioning order was issued, give instructions for securing that so far as practicable police officers will be available, if required, for accompanying officers or service member requisitioning vehicles under the requisitioning order. - 233 Verify source ↗
BILLETING AND REQUISITIONING - 233. Period for which vehicles are to be requisitioned
A vehicle furnished under a requisitioning order may be retained while section 231 remains in operation for any purpose connected with the needs of the Defence Forces.
Section 233. Period for which vehicles are to be requisitioned Section If a vehicle has been furnished under a requisitioning order, it may be retained, so long as section 231 is in operation, for a period for which it is required for any purpose connected with the needs of the Defence Forces. - 234 Verify source ↗
BILLETING AND REQUISITIONING - 234. Provision of vehicles for purchase
A requisitioning order may require any person to furnish a vehicle so it can be purchased by the Government.
Section 234. Provision of vehicles for purchase Section A requisitioning order may require any person to furnish a vehicle for the purpose of its being purchased by the Government. - 235 Verify source ↗
BILLETING AND REQUISITIONING - 235. Payment for vehicles requisitioned
Specifies payments and entitlements when a vehicle is requisitioned, defines 'fair wear and tear', requires notification to interested persons, and gives the Court jurisdiction over claims under this section.
Section 235. Payment for vehicles requisitioned Section 235(1)(a) a sum for the use of the vehicle calculated, by reference to the period for which possession of the vehicle is retained, at the rate of payment commonly recognized or generally prevailing in the area at the time at which the vehicle is furnished or, if no such rate is readily ascertainable, at such rate as may be just; Section 235(1)(b) a sum equal to the cost of making good any damage caused to the vehicle, not being damage resulting in its total loss or damage attributable to fair wear and tear, which may have occurred during the period for which possession of the vehicle is retained and which has not been made good during that period by the government; and Section 235(1)(c) if, during the said period, a total loss of the vehicle occurs, a sum equal to the value of the vehicle immediately before the occurrence of the damage which caused the loss. Section 235(2) For purposes of subsection (1), "fair wear and tear" means such fair wear and tear as might have been expected to occur but for the fact that the vehicle was requisitioned. Section 235(3) The person by whom a vehicle is furnished under a requisitioning order for the purpose of its being purchased shall be entitled to be paid the value of the vehicle at the time at which it is furnished. Section 235(4)(a) for the purposes of subsection (1)(a) and (b) (if that subsection applies), the period for which possession of the vehicle is retained shall be deemed to begin at the time when the direction is given, and for the purposes of subsection (3) (if that subsection applies), the vehicle shall be deemed to have been furnished at that time; Section 235(4)(b) in addition to the payments provided for by subsection (1) or subsection (3), the person by whom the vehicle is furnished shall be entitled to be paid the amount of any expenditure reasonably incurred by him or her in complying with the direction. Section 235(5)(a) subsection (1) shall have effect as if for the period therein mentioned there were substituted the period beginning with the giving of the direction and ending immediately after the occurrence of the damage; and Section 235(5)(b) subsection (4) shall have effect as if the expression "in complying with" were replaced by the expression "by reason of anything done for the purpose of complying with". Section 235(6)(a) the person shall notify the details of the requisitioning and of any payment thereof to any person known to that person to have an interest in the vehicle; and Section 235(6)(b) any person having an interest shall be entitled to recover from the person giving notice the part, if any, of the payment received by that person for the vehicle as may be just. Section 235(7)(a) for the purposes of subsection (1), that period shall be deemed to have come to an end immediately after the occurrence of the loss; and Section 235(7)(b) no claim shall be made for the return of the vehicle, if it still exists, or for any payment in respect thereof other than what is provided for by subsection (1). Section 235(8) The Court shall have jurisdiction to deal with any claim arising under this section irrespective of the amount of the claim. - 236 Verify source ↗
BILLETING AND REQUISITIONING - 236. Avoidance of hardship in requisitioning vehicles
When specifying which alternative vehicle to requisition or direct under section 234, the person issuing the direction must act so as to cause the least hardship.
Section 236. Avoidance of hardship in requisitioning vehicles Section In deciding which of alternative vehicles is to be specified in a requisitioning order, or is to be the subject of a direction under section 234 , the person issuing the direction given shall act in such manner as that person consider will cause the least hardship. - 237 Verify source ↗
BILLETING AND REQUISITIONING - 237. Issue of Search warrant
A Judge or magistrate may issue a search warrant authorizing a named police officer to enter premises (accompanied by the person) between six in the morning and nine in the evening and inspect anything, when satisfied that a person failed to provide facilities for inspection required under regulations made under section 308.
Section 237. Issue of Search warrant Section If a Judge or a magistrate is satisfied that a person has failed to afford facilities for inspection as required by or under regulations made under section 308 of this Act, the Judge or magistrate may issue a search warrant authorizing a named police officer to enter any premises within which the facilities are required, accompanied by that person, at any time between six o'clock in the morning and nine o'clock in the evening, and to inspect anything that may be found therein. - 238 Verify source ↗
BILLETING AND REQUISITIONING - 238. Damage by vehicles being delivered for requisitioning
Persons using a vehicle while it is being furnished under a direction under section 231(2) are deemed to be using the vehicle as a servant of the Government, and section 4 of the Insurance (Motor Vehicles Third Party Risks) Act (Cap. 405) does not apply to that use.
Section 238. Damage by vehicles being delivered for requisitioning Section A person who is using a vehicle for the purpose of its being furnished under a direction under section 231 (2) shall be deemed, as respects any claim in respect of injury or damage to any other person or property, to be using the vehicle as a servant of the Government, and section 4 of the Insurance (Motor Vehicles Third Party Risks) Act ( Cap. 405 ) shall not apply to the use of a vehicle for that purpose. - 239 Verify source ↗
BILLETING AND REQUISITIONING - 239. Application to aircraft, ships, horses, etc. food, forage and stores
This Part (except provisions about mechanically propelled vehicles and trailers) also applies to aircraft, ships, boats, certain animals, and stores such as food, forage, fuel and other stores.
Section 239. Application to aircraft, ships, horses, etc. food, forage and stores Section 239(1) Subject to this section, the provisions of this Part, except the provisions which relate to mechanically propelled vehicles and trailers normally drawn thereby, apply in respect of aircraft, ships, boats, horses, mules, donkeys, camels, food, forage, fuel and stores as they apply in respect of vehicles. Section 239(2) Where stores are required and can be conveyed with, a vehicle with respect to which a direction is given under section 234 , direction may also be given in relation to the stores and the foregoing provisions of this Part shall apply accordingly but section 235 (5) shall not apply and if after the direction is given the furnishing of the stores is prevented by damage to them or to the vehicle, such payment, if any, shall be made in respect of the stores as may be just in all the circumstances. Section 239(3)(a) persons, vehicles, aircraft, ships or boats billeted or to be billeted under a billeting order or otherwise temporarily accommodated or to be temporarily accommodated; or Section 239(3)(b) vehicles, aircraft, ships, boats, horses, mules, donkeys or camels furnished or to be furnished under a requisitioning order. - 240 Verify source ↗
BILLETING AND REQUISITIONING - 240. Bringing into operation sections221and231
The President may, by order in the Gazette, direct that section 221 or 231 (or both) come into operation and remain in operation for the period specified.
Section 240. Bringing into operation sections221and231 Section Following a declaration of a state of emergency pursuant to Article 58 of the Constitution, if it appears to the President that, in the interest of national security or public interest, the provisions of either or both sections 221 and 231 come into operation for a specified period, either generally or in respect of a specified area, the President may, by order in the Gazette , direct that section or those sections, as the case may be, thereupon come into operation and remain in operation for the period specified in the Gazette . - 241 Verify source ↗
BILLETING AND REQUISITIONING - 241. Reports by the Defence Council on billeting
The Defence Council must report to Parliament the property billeted and the justification for billeting.
Section 241. Reports by the Defence Council on billeting Section The Defence Council shall report to Parliament all property billeted and the justification for billeting.
Part XIV
SERVICE IN DEFENCE FORCES
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SERVICE IN DEFENCE FORCES - 242. Application
This Part applies to members of the regular force and to members of the reserve force.
Section 242. Application Section Unless the contrary appears from the context, this Part applies to members of the regular force and to members of the reserve force. - 243 Verify source ↗
SERVICE IN DEFENCE FORCES - 243. Regular force
The regular force is composed of persons aged between eighteen and sixty-four; members are covered by applicable pension laws and must serve until officially discharged. A person may not be enrolled unless a citizen, and a member may not take other gainful employment without prior authority from the Cabinet Secretary.
Section 243. Regular force Section 243(1) The regular force consists of persons not younger than eighteen years of age and not older than sixty four years and is organized in the manner prescribed. Section 243(2) The terms and conditions of service in the regular force as well as the conditions and procedures regarding enrolment, appointment, promotion and transfer, but not remuneration, are as prescribed. Section 243(3)(a) the relevant provisions of any applicable law relating to the granting of pensions and related benefits, as well as any rules and regulations made in terms of or under those laws, apply to members of the regular force; and Section 243(3)(b) any member enrolled in the regular force shall serve therein until he or she has been officially discharged therefrom. Section 243(4) A person shall not be enrolled in the regular force unless that person is a citizen. Section 243(5) A member of the regular force shall not participate in any other gainful employment unless prior authority has been obtained from the Cabinet Secretary. [Act No. 44 of 2016 , s. 31.] - 244 Verify source ↗
SERVICE IN DEFENCE FORCES - 244. Pensions and gratuity
Members of the Defence Forces are entitled to pensions and gratuity determined by the National Treasury in consultation with the Defence Council; the Defence Council may withhold, reduce or suspend those benefits if an officer or service member is dismissed under circumstances in the Act, and such decisions require concurrence of the Public Service Commission.
Section 244. Pensions and gratuity Section 244(1) The members of the Defence Forces shall be entitled to such pensions and gratuity as shall be determined by the National Treasury in consultation with the Defence Council in accordance with regulations. Section 244(2) Where an officer or a service member has been dismissed under any circumstances provided for under this Act, the Defence Council may withhold, reduce the amount or suspend any such benefits payable to the officer or the service member under subsection (1). Section 244(3) A decision to withhold, reduce in amount or suspend any benefits of an officer or a service member contemplated under subsection (2) shall be made with the concurrence of the Public Service Commission. - 245 Verify source ↗
SERVICE IN DEFENCE FORCES - 245. Protection of members on duty
Section 245 protects members of the Defence Forces on duty: beneficiaries can receive pay during capture/absence; members may designate beneficiaries and must notify the Chief; the Chief must keep beneficiary records; members injured or ill through no misconduct are entitled to treatment and pay during treatment; the Government must compensate members who die or are disabled in service.
Section 245. Protection of members on duty Section 245(1) For the purposes of this section "member" includes an employee deployed with the Defence Forces. Section 245(2) Where a member of the Defence Forces has been captured or has gone missing in circumstances not constituting an offence under this Act, and the member's commanding officer is satisfied that the member's capture or absence arose from the performance of his or her duties while rendering services in terms of this Act, such member shall be regarded to be still serving in the Defence Forces for all purposes until the day on which he or she again reports for duty or on which his or her death is confirmed or on which a competent court issues an order whereby the death of such person is presumed. Section 245(3) The pay, salary and allowances accruing to a member during his or her captivity or other absence contemplated in subsection (2) shall be paid to a beneficiary designated by the member concerned. Section 245(4) The Chief of the Defence Forces shall take the necessary steps to ensure that in respect of every member of the Defence Force there is at all times a record of the particulars of the beneficiary designated by such member for purposes of subsection (3). Section 245(5) A member of the Defence Forces may at any time designate another person in the place of the person designated for purposes of paragraph (3) and shall ensure that any change in designation is notified to the Chief of the Kenya Defence Forces in writing. Section 245(6) Any change in designation becomes valid for purposes of subsection (3) when it is received by or on behalf of the Chief of the Defence Forces. Section 245(7) Subject to any other law relating to the protection of citizens who are in active service on behalf of the State, no appropriations, including seizures or attachments, may be made under or by virtue of any writ of execution, garnishee or sequestration order issued against a member of the Defence Forces who is employed on active service in time of war or during a state of national defence or in fulfillment of the Republic's international obligations, except appropriations under or by virtue of a maintenance order issued against the said member. Section 245(8) A member of the Defence Forces who, through no misconduct on his or her part, sustains a wound or injury or contracts an illness while on military service or undergoing training is, under such conditions and for such period as may be prescribed by the Defence Council, entitled to be provided with medical, dental and psychological or other necessary treatment for such wound, injury or illness, with the consent of the Defence Council, notwithstanding that the duration of such treatment may extend beyond that member's service contract. Section 245(9) A member of the regular forces who is receiving the treatment referred to in subsection (8) shall receive his or her pay and allowances on their becoming due and such period of treatment shall for all purposes be regarded as duty. Section 245(10) The Government shall compensate members of the Defence Forces who lose their lives or suffer disabilities while undertaking military service or training. Section 245(11) The compensation referred to under subsection (10) may be facilitated through insurance schemes or compensation agreements or arrangements as may be approved by the Defence Council from time to time. [Act No. 44 of 2016 , s. 32, Act No. 18 of 2018 , Sch.] - 246 Verify source ↗
SERVICE IN DEFENCE FORCES - 246. Obligation to serve during a state of emergency
Persons contracted to serve in the Defence Forces must serve and remain in service during a state of emergency or when required; members may apply for exemption or deferment under the Act.
Section 246. Obligation to serve during a state of emergency Section 246(1) Subject to this Act, every person who is contracted to serve in the Defence Forces is obliged to serve and remain in service during a state of emergency or when so required. Section 246(2) Nothing in this section may be construed as prohibiting an application for exemption or deferment of service by a member of the Defence Forces in terms of this Act. - 247 Verify source ↗
SERVICE IN DEFENCE FORCES - 247. Termination of service of members of regular force
Section 247: Termination of service of members of regular force; retirement.
Section 247. Termination of service of members of regular force Section retirement; - 248 Verify source ↗
SERVICE IN DEFENCE FORCES - 248. Legal representation for members
Members of the Defence Forces who are sued for acts or omissions in the course of duty are entitled to legal representation funded by the State if failing to provide it would cause substantive injustice.
Section 248. Legal representation for members Section A member of the Defence Forces against whom a civil claim or any other action arising from his or her acts or omissions in the course of duty, has been instituted in any court, is entitled to legal representation at the expense of the State if substantive injustice would otherwise arise.
Part XIX
FINANCIAL PROVISIONS
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FINANCIAL PROVISIONS - 285. Funds of the Defence Forces
The Funds of the Defence Forces consist of monies allocated by Parliament, monies or assets accruing to the Defence Forces in exercising its powers or functions, and monies from other sources or donations.
Section 285. Funds of the Defence Forces Section 285(1)(a) monies allocated by Parliament for the purposes of the Defence Forces; Section 285(1)(b) such monies or assets as may accrue to the Defence Forces in the course of the exercise of its powers or the performance of its functions under this Act; and Section 285(1)(c) all monies from any other source provided for or donated to the Defence Forces. Section 285(2) The Funds of the Defence Forces shall be in a separate vote. Section 285(3) Monies donated to the Defence Forces under subsection (1)(c) shall be disclosed and reported in accordance with this Act and the law relating to management of public funds. - 286 Verify source ↗
FINANCIAL PROVISIONS - 286. Allocations of Funds
The National Assembly must allocate adequate funds to enable the Defence Forces to perform its functions.
Section 286. Allocations of Funds Section The National Assembly shall allocate adequate funds to enable the Defence Forces to perform its functions. - 287 Verify source ↗
FINANCIAL PROVISIONS - 287. Financial year
Defines the financial year for the Defence Forces as a twelve-month period from 1 July to 30 June of the following year.
Section 287. Financial year Section The financial year of the Defence Forces shall be the period of twelve months commencing on the first of July and ending on the thirtieth of June of the subsequent year. - 288 Verify source ↗
FINANCIAL PROVISIONS - 288. Annual estimates
The accounting officer in the Ministry designated by the National Treasury must cause the Defence Forces' revenue and expenditure estimates to be prepared.
Section 288. Annual estimates Section At least three months before the commencement of each financial year, the accounting officer in the Ministry designated by the National Treasury shall cause to be prepared the estimates of the revenue and expenditure of the Defence Forces for that year. - 289 Verify source ↗
FINANCIAL PROVISIONS - 289. Accounts and audits
The Defence Forces must keep all proper books and records of account of their income, expenditure, assets and liabilities.
Section 289. Accounts and audits Section 289(1) The Defence Forces shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Defence Forces. Section 289(2)(a) statement of the income and expenditure for that year; and Section 289(2)(b) cash flow statement. Section 289(3) The annual accounts of the Defence Forces shall be prepared, audited and reported upon in accordance with the provisions of Articles 225 and 228 of the Constitution and the Public Audit Act(Cap. 412B). - 290 Verify source ↗
FINANCIAL PROVISIONS - 290. Reports
The Defence Council must prepare an annual report each financial year, submit it to the President and Parliament within three months after year end, and publish and publicise it in a manner it determines.
Section 290. Reports Section 290(1) The Defence Council shall cause an annual report to be prepared for each financial year. Section 290(2) The Defence Council shall submit the annual report to the President and Parliament within three months after the end of the year to which it relates. Section 290(3) The Defence Council shall cause the annual report to be published and publicised in such manner as the Defence Council may determine.
Part XV
COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS
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COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS - 249. Commissioned officers
Subject to subsection (5), the President may confer a commission on any member of the Defence Forces.
Section 249. Commissioned officers Section 249(1) Subject to subsection (5), the President may confer a commission on any member of the Defence Forces. Section 249(2)(a) a regular commission; or Section 249(2)(b) a short service commission for a term not exceeding five years in the first instance. Section 249(3) Upon being granted a commission, a person shall take an oath of allegiance in the prescribed form as set out in the Fourth Schedule. Section 249(4) A member upon whom a commission has been conferred shall be issued with a Presidential parchment bearing the President's signature. Section 249(5)(a) take oath and declare allegiance to the President as the Commander- in-Chief of the Kenya Defence Forces, the Republic of Kenya and the Constitution. Section 249(5)(b) meet prescribed criteria or training; Section 249(5)(c) never have been convicted of a criminal offence; Section 249(5)(d) be a fit and proper person to serve and shall have a trustworthy and exemplary character; and Section 249(5)(e) comply with the prescribed security grading requirements. Section 249(6) Where the holder of a commission cannot be traced after a diligent search that is appropriate in the circumstances, the commission may be cancelled without such notification. Section 249(7) An officer or service member may by notice in writing to the Service Commander or Defence Council as applicable request to be discharged from service or resign his or her commission and the Service Commander or Defence Council, as the case may be, shall determine the request and communicate the decision within ninety days. Section 249(8) Where the Defence Council or the Service Commander declines to approve resignation request under subsection (7), the Defence Council or the Service Commander, shall within fourteen days and in writing, communicate such decision and reasons for declining. Section 249(9)(a) any service or training for which he or she may be liable in terms of this Act unless exempted in accordance with regulations; Section 249(9)(b) the repayment of any money stipulated in a contract pertaining to any education or training he or she may have undergone or may be in the process of undergoing at State expense. Section 249(10) Officers who have retired from the Defence Forces and while still in service held commission, may retain the use of their rank after they have so retired and are no longer in service, but shall append the appellation "Rtd" whenever it is used. Section 249(11) Commissioned officers from other countries who are attached to the Defence Forces by means of temporary appointment in terms of this Act shall be entitled to all privileges bestowed on commissioned officers in the Defence Forces by virtue of their rank. [Act No. 44 of 2016 , s. 33, Act No. 18 of 2018 , Sch.] - 250 Verify source ↗
COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS - 250. Reserve liability
Section 250 sets retirement ages for officers by rank categories (62, 60, 55 years) and requires a short-service-commission officer who completes the term with pension or gratuity to be transferred to the regular reserve and remain there for three years.
Section 250. Reserve liability Section 250(1)(a) sixty-two years, in the case of an officer retiring with the rank of Major- General or corresponding rank or above; Section 250(1)(b) sixty years, in the case of an officer retiring with the rank of Brigadier, Colonel or Lieutenant-Colonel or corresponding rank; or Section 250(1)(c) fifty five years, in the case of an officer retiring with the rank of Major or corresponding rank or below. Section 250(2) An officer holding a short service commission who completes the term of the commission with a pension or gratuity shall on such completion be transferred to the regular reserve and shall remain in it for a period of three years. - 251 Verify source ↗
COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS - 251. Termination of commission
The President, the Defence Council, or a Service Commander may terminate an officer's commission in specified circumstances; when they do so they must give written reasons to the affected officer.
Section 251. Termination of commission Section 251(1)(a) the President may terminate the commission of any officer above the rank of major or corresponding rank or above; Section 251(1)(b) the Defence Council may terminate the commission of any officer of the rank of major or corresponding rank or below; or Section 251(1)(c) a Service Commander may terminate the commission of any officer during the first eighteen months of the officer's actual commission in the Service. Section 251(2) In any case of termination of a commission in this section, the President, the Defence Council or the Service Commander, as the case may be, shall accord and specify reasons for the termination of the commission to the affected officer, in writing. - 252 Verify source ↗
COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS - 252. Enlistment
Recruiting officers must not enlist a person unless that person shows they received the prescribed notice, understands it, and wishes to enlist; persons enlisting must make and subscribe to the oath of allegiance in the Fourth Schedule.
Section 252. Enlistment Section 252(1) A person who is offering to enlist in the Defence Forces shall be given a notice in the prescribed form setting out the questions to be answered on attestation and stating the general conditions of the enlistment, and a recruiting officer shall not recruit any person unless that person satisfies the recruiting officer that the person has been given such a notice, understands it, and wishes to enlist. Section 252(2) A person who enlists into the Defence Forces as a service member or a member of the constabulary shall make and subscribe to the oath of allegiance set out in the Fourth Schedule. [Act No. 18 of 2018 , Sch.] - 253 Verify source ↗
COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS - 253. Term of enlistment
Sets terms and limits for enlistment and re-engagement, including prescribed periods of colour service (not exceeding twelve years), permissions to re-engage with approval, continuation year-to-year with approval, a three-month notice right to seek discharge, and transfer to the reserve until age fifty-five on completion of service.
Section 253. Term of enlistment Section 253(1) The term for which a person who has attained the age of eighteen years may enlist, shall be one of the prescribed periods of colour service (not exceeding twelve years) beginning on the date of attestation. Section 253(2)(a) imprisonment; or Section 253(2)(a)(i) imprisonment; or Section 253(2)(a)(ii) desertion; or Section 253(2)(a)(iii) absence without leave exceeding seven days; and Section 253(2)(b) any period ordered by a court-martial to be forfeited. Section 253(3) Within two years before completing the period of colour service of a service member who is of good character, the member, with the approval of the competent service authority, may re-engage for such further period of colour service as may be prescribed, subject to subsection (5). Section 253(4) Except as provided by subsection (6), the further period of colour service, together with the previous period of colour service, shall not exceed a total continuous period of twenty-one years colour service from the date, of the original attestation or the date upon which the person attained the age of eighteen years, whichever is the later. Section 253(5)(a) with the approval of the Service Commander or an Officer authorised by the Service Commander in that behalf, continue to serve from year to year in all respects as if the period of colour service were still unexpired; and Section 253(5)(b) at any time give to the member's commanding officer three months' notice to be discharged, and on the expiration of that notice the member may claim to be discharged. Section 253(6) A service member who completes a period of colour service (and any period by which that service is prolonged under subsection (6) of this section or under section 255 , or is otherwise discharged (other than under section 254 or 256 ) shall thereupon be transferred to the reserve, and shall serve therein until attaining the age of fifty-five years. - 254 Verify source ↗
COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS - 254. Prolongation of service
During a state of war, insurrection, hostilities, public emergency or at a time of active service, officers due to retire (or who have completed their commission) and service members whose period of colour service expires may be retained in the Defence Forces and have their service prolonged for a further period determined by the Defence Council.
Section 254. Prolongation of service Section Any officer due to retire or who completes the term of the officer's commission, and any service member whose period of colour service expires, during a state of war, insurrection, hostilities or public emergency or at a time of active service, may be retained in the Defence Forces and the service prolonged for such further period as the Defence Council may determine. - 255 Verify source ↗
COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS - 255. Discharge
Section 255 lists grounds on which a service member may be discharged and requires the Service Commander or an authorised officer to give written reasons for any discharge to the affected member.
Section 255. Discharge Section 255(1)(a) if, within two years after the date of attestation, the commanding officer considers that the member is unlikely to be an efficient member of the Defence Forces; Section 255(1)(b) for activities or behavior likely to be prejudicial to the preservation of public security; Section 255(1)(c) if the member is convicted of a civil offence; or Section 255(1)(d) if the member is pronounced by a medical officer to be mentally or physically unfit for further service; Section 255(1)(e) on reduction of establishment; Section 255(1)(f) at the member's request on compassionate grounds; Section 255(1)(g) if for any reason the member's services are no longer required; Section 255(1)(h) if the member is granted a commission; or Section 255(1)(i) if the member is sentenced by a court-martial to be dismissed from the Defence Forces. Section 255(2) The Service Commander or an officer authorised in that behalf, as the case may be, shall accord and specify reasons in writing for any discharge, to the affected service member. - 256 Verify source ↗
COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS - 256. Postponement of discharge or transfer pending proceedings for offences, etc.
Allows postponement of discharge or transfer while proceedings for offences are pending.
Section 256. Postponement of discharge or transfer pending proceedings for offences, etc. Section at a time when that member has become liable, as a person subject to this Act, to be proceeded against for an offence under Part VI; or - 257 Verify source ↗
COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS - 257. Mode of discharge
Service members who are entitled or liable to be discharged remain subject to the Act until discharged; discharged members in Kenya are entitled to free conveyance to their attestation place or intended residence.
Section 257. Mode of discharge Section 257(1) Subject to this Part, every service member becoming entitled or liable to be discharged shall be discharged immediately but shall, until discharged, remain subject to this Act. Section 257(2) When a service member who is entitled or liable to be discharged is serving outside Kenya, the member shall be returned to Kenya free of cost and shall be discharged on arrival or, if the member consents to the discharge being delayed, within six months after arrival in Kenya. Section 257(3) A service member shall not be discharged unless the discharge has been authorised by order of the Service Commander or an officer authorised in that behalf. Section 257(4) Every service member shall be given, on discharge, a certificate of discharge containing the prescribed particulars. Section 257(5) A service member who is discharged in Kenya shall be entitled to be conveyed free of cost from the place where the member is discharged to the place stated in the member's attestation paper to be the place of attestation, or to any place in Kenya at which the member intends to reside and to which the member can be conveyed at no greater cost. - 258 Verify source ↗
COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS - 258. Validity of attestation and enlistment
If a claim that an enlistment is invalid is submitted within three months it must be sent to the Defence Council, which if it finds the claim well founded must immediately discharge the member; if no timely claim is made or the Council finds it unfounded, the person is deemed validly enlisted. A person may claim discharge within three months after first pay.
Section 258. Validity of attestation and enlistment Section 258(1)(a) the validity of that person's enlistment shall not be called in question on the grounds of any error or omission in the attestation paper; and Section 258(1)(b) if, within a period of three months after the date of the declaration, the member claims that the enlistment is invalid by reason of non- compliance with the requirements of this Act or any other matter whatsoever (not being an error or omission in the attestation paper), the claim shall be submitted to the Defence Council as soon as may be, and if the claim is well founded the Defence Council shall cause the member to be discharged immediately. Section 258(2) If no claim is made within the period stated under subsection (1)(b), or if the Defence Council is of the opinion that the claim is unfounded, the person concerned shall be deemed to have been validly enlisted despite any non-compliance or other matter and the person shall be a service member until discharged. Section 258(3)(a) shall be a service member until discharged; and Section 258(3)(b) may claim to be discharged at any time within three months after the first day in respect of which the person has received pay. Section 258(4) Nothing in this section shall prejudice the determination of any question as to the term for which a person enlisted or prevent the discharge of a person who has not claimed a discharge.
Part XVI
THE RESERVES
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THE RESERVES - 259. Transfer to reserve
Officers and service members liable for transfer to the regular reserve remain subject to the Act until transferred; those serving abroad must be returned to Kenya free of cost and transferred on arrival (or within six months if they consent to a delay); a service member transferred in Kenya is entitled to free conveyance to the attestation place or intended residence in Kenya.
Section 259. Transfer to reserve Section 259(1) Every officer and every service member who is liable to be transferred to the regular reserve shall until transferred remain subject to this Act. Section 259(2) When an officer or a service member who becomes eligible to be transferred to the regular reserve is serving outside Kenya, the person shall be returned to Kenya free of cost immediately, and shall be transferred to the regular reserve on arrival or, within six months after arrival if the person consents to the transfer being delayed. Section 259(3) A service member who is transferred to the regular reserve in Kenya shall be entitled to be conveyed free of cost to the place stated in the attestation paper to be the place of attestation, or to any place in Kenya at which the person intends to reside and to which the person can be conveyed at no greater cost. - 260 Verify source ↗
THE RESERVES - 260. Volunteer reserve
The Defence Council may decide that there shall be a volunteer reserve and determines what officers and service members it will consist of.
Section 260. Volunteer reserve Section 260(1) If the Defence Council decides in pursuant to this Act that there shall be a volunteer reserve, it shall consist of such officers and service members as the Defence Council determines. Section 260(2) Commissions in the volunteer reserve shall be granted and may be terminated as is provided for by sections 249 and 251 of this Act in relation to the regular force. Section 260(3) A person may be enlisted into the volunteer reserve, and when enlisted shall serve in the volunteer reserve, in the same manner as is provided for the regular forces under this Act, and those sections shall apply with necessary changes in relation to enlistment and service members enlisted into the volunteer reserve as they apply to enlistment and service members enlisted into the regular forces. - 261 Verify source ↗
THE RESERVES - 261. Calling out reservists for annual training
A reservist may be called out for training for up to 28 days in any one year; during training the reservist may be posted or attached to and trained with any unit of the Defence Forces.
Section 261. Calling out reservists for annual training Section 261(1) A reservist may be called out for training for a period not exceeding, or for periods not exceeding in the aggregate, twenty eight days in any one year. Section 261(2) During any training the reservist may be posted or attached to and trained with any unit of the Defence Forces. - 262 Verify source ↗
THE RESERVES - 262. Calling out reservists temporarily
The President may call out reservists temporarily (for purposes such as strengthening the Defence Forces or supporting the National Police Service in emergencies) for a period not exceeding sixty days; in a notice the President may give or authorise the Cabinet Secretary to give directions; every reservist called out shall attend at the place and time appointed.
Section 262. Calling out reservists temporarily Section 262(1)(a) strengthen the Defence Forces in time of war; or Section 262(1)(b) support and assist the National Police Service and other authorities in situations of emergency, disaster, insurrection, hostilities, unrest or instability for a period not exceeding sixty days. Section 262(2) In a notice issued under subsection (1), the President may give or authorise the Cabinet Secretary to give such directions as may seem necessary or proper for facilitating the calling out of the reservists. Section 262(3) Every notice and directions under this section shall be obeyed, and every reservist called out by the notice shall attend at the place and time appointed by the notice or the directions, and after that time shall be deemed to be called out on temporary service. [Act No. 44 of 2016 , s. 34.] - 263 Verify source ↗
THE RESERVES - 263. Calling out reservists on permanent service
When Article 58 applies, the President may call reservists onto permanent service; the President may direct or authorise the Cabinet Secretary to issue directions for this; reservist officers and service members called out must serve until no longer required subject to age limits and remaining reserve service plus any further period the Cabinet Secretary determines.
Section 263. Calling out reservists on permanent service Section 263(1) At any time when Article 58 of the Constitution applies is or in operation (whether generally or in a part of Kenya), the President may, by proclamation, call out reservists, whether by class or by name, on permanent service, either generally or (as the case may be) in that part of Kenya. Section 263(2) In a proclamation issued under subsection (1), the President may give or authorise the Cabinet Secretary to give such directions as may seem necessary or proper for facilitating the calling out of the reservists. Section 263(3) Every reservist who is an officer called out on permanent service is liable to serve until the officer's services are no longer required, but in any case not beyond the age limits specified in section 251 (2), irrespective of whether the officer held a regular commission or a short service commission, together with such further period as the Cabinet Secretary may determine. Section 263(4) Every reservist who is a service member called out on permanent service is liable to serve as a service member until the member's services are no longer required, but in any case not longer than the remainder of the member's period of service in the reserve together with such further period as the Cabinet Secretary may determine. - 264 Verify source ↗
THE RESERVES - 264. Punishment for non-attendance
Section 264 creates offences for reservists: subsection (1)(a) makes certain called-out reservists guilty of absence without leave; subsection (1)(b) makes called-out reservists guilty of desertion or absence without leave depending on circumstances; subsection (2) makes section 137 apply to reservists who commit offences under this section.
Section 264. Punishment for non-attendance Section 264(1)(a) called out under section 261 or 262 , commits an offence of absence without leave within the meaning of section 75 ; Section 264(1)(b) called out under section 263 , commits an offence, according to the circumstances, of desertion within the meaning of section 74 , or of absence, without leave within the meaning of section 75 . Section 264(2) Section 137 shall apply to reservists who commit an offence under this section as it applies to persons otherwise subject to this Act. - 265 Verify source ↗
THE RESERVES - 265. Record of illegal absence
An officer must record in the service books when a reservist fails to report and the absence continues for at least twenty-one days.
Section 265. Record of illegal absence Section Where a reservist fails to report when called out and the absence continues for at least twenty-one days, an entry of such absence shall be made by an officer in the service books, and the entry shall be, at first glance, evidence of the fact of absence. - 266 Verify source ↗
THE RESERVES - 266. Release from reserve during active service
The provision lists circumstances in which a reservist may be released from the reserve and states that if a reservist is charged or undergoing punishment release is deferred until trial or punishment is completed.
Section 266. Release from reserve during active service Section 266(1)(a) the reservist is on active service; Section 266(1)(b) the reserve has been called out on permanent service; or Section 266(1)(c) at the expiration of the period, the reservist stands charged as a person subject to this Act with the commission of, or is undergoing punishment for, an offence under this Act. Section 266(2) If the reservist stands charged or is undergoing punishment as provided under subsection (1)(c), the service shall be prolonged and release deferred until the reservist has been tried and undergone any punishment awarded in respect of the offence, or until the punishment is completed, as the case may be. - 267 Verify source ↗
THE RESERVES - 267. Release from service
Release from service where the reservist is pronounced by a medical officer to be mentally or physically unfit for further service.
Section 267. Release from service Section the reservist is pronounced by a medical officer to be mentally or physically unfit for further service; or
Part XVII
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES
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CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 268. Application of this part
This Part applies to civilians and any other person not otherwise subject to this Act; offences under this Part shall be tried by civil courts.
Section 268. Application of this part Section 268(1) This Part shall apply to civilians and any other person not otherwise subject to this Act. Section 268(2) Offences under this Part shall be tried by civil courts. - 269 Verify source ↗
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 269. Obstructing the military police, etc
It is an offence to assault, resist or willfully obstruct a member of the military police in the performance of duties, or any person acting in aid of such a member.
Section 269. Obstructing the military police, etc Section assaults, resists or willfully obstructs a member of the military police in the performance of duties under this Act, or any person acting in the aid of such a member; - 270 Verify source ↗
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 270.[Repealed by ActNo. 44 of 2016, s. 35.]
Section 270 has been repealed.
Section 270.[Repealed by ActNo. 44 of 2016, s. 35.] - 271 Verify source ↗
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 271. Procuring and assisting desertion
The provision describes procuring or persuading a person to desert or be absent without leave from the Defence Forces.
Section 271. Procuring and assisting desertion Section procures or persuades a person to desert or to be absent without leave from the Defence Forces; - 272 Verify source ↗
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 272. Pretending to be a deserter
It is an offence for any person to falsely represent themselves to a service or civil authority as a deserter or absentee without leave from the Defence Forces; on conviction by a civil court the person may be imprisoned for a term not exceeding six months.
Section 272. Pretending to be a deserter Section Any person who falsely represents himself or herself to any service authority or civil authority to be a deserter or absentee without leave from the Defence Forces commits an offence and shall be liable, on conviction by a civil court, to imprisonment for a term not exceeding six months. - 273 Verify source ↗
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 273. Obstructing person in execution of duty
Any person who willfully obstructs or interferes with an officer or service member acting in the execution of a duty commits an offence and is liable to imprisonment for a term not exceeding six months.
Section 273. Obstructing person in execution of duty Section Any person who willfully obstructs or otherwise interferes with an officer or service member acting in the execution of a duty, commits an offence and shall be liable, on conviction by a civil court, to imprisonment for a term not exceeding six months. - 274 Verify source ↗
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 274. Aiding malingering
Aiding malingering: produces in an officer or service member any sickness or disability
Section 274. Aiding malingering Section produces in an officer or service member any sickness or disability; or - 275 Verify source ↗
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 275. Unlawful purchase of military stores, etc.
It is an offence for a person to acquire, procure the disposal of, or act in disposing of government "service stores"; on conviction by a civil court the person may be imprisoned for up to two years.
Section 275. Unlawful purchase of military stores, etc. Section 275(1) Any person who acquires any service stores, or solicits or procures any person to dispose of any service stores, or acts for any person in the disposing of any service stores, commits an offence and shall be liable, on conviction by a civil court, to imprisonment for a term not exceeding two years. Section 275(2)(a) he or she did not know, and could not reasonably be expected to know, that the chattels in question were service stores; Section 275(2)(b) the chattels in question had (by the transaction with which he or she is charged or by some earlier transaction) been disposed of by order or with the consent of the Government or of some other person or authority who had, or whom he or she had reasonable cause to believe to have, power to give the order or consent; or Section 275(2)(c) the chattels in question had become the property of an officer who had retired or ceased to be an officer, or of a service member who had been discharged, or of the personal representatives of an officer or service member who had died. Section 275(3) A police officer may arrest without warrant any person who is reasonably suspected of having committed an offence under this section, and may seize any property that is reasonably suspected of having been the subject of the offence. Section 275(4) Any person who has authority to issue a warrant for the arrest of a person charged with a crime may, if satisfied by evidence on oath that a person is in possession or is reasonably suspected of having in possession of such property, issue a warrant to search for such property and if the property reasonably suspected of being the subject of such an offence is found on such, it shall be seized by the officer executing the warrant and bring the person in whose possession or keeping the property is found before a court. Section 275(5)(a) "acquire" means buy, take in exchange, take in pawn or otherwise receive (whether apart from this section the receiving is lawful or not); Section 275(5)(b) "dispose of" means sell, offer or expose for sale, give in exchange, pledge or otherwise hand over (whether apart from this section the handling over is lawful or not); and Section 275(5)(c) "service stores" means any chattels or goods of any description belonging to the Government, which have been issued for use for the purpose of the Defence Forces or are held in store for the purpose of being so issued when required, and any chattels or goods which had belonged, and had been issued or held, as aforesaid at some past time. Section 275(6) For the purpose of subsection (4), property shall be deemed to be in the possession of a person if he or she has it under his or her control for own use or benefit or for the use or benefit of another. - 276 Verify source ↗
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 276. Refusal to receive persons billeted, etc.
It is an offence to refuse to receive a person billeted under a billeting order or, without reasonable excuse, to fail to furnish the required accommodation.
Section 276. Refusal to receive persons billeted, etc. Section refuses to receive any person billeted under a billeting order, or without reasonable excuse fails to furnish the required accommodation; - 277 Verify source ↗
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 277. Enforcement of requisitioning
Section 277 creates offences for failing to furnish vehicles or specified things when requisitioned, failing to comply with regulations under section 304(1)(u), and obstructing officers in inspection or requisitioning.
Section 277. Enforcement of requisitioning Section 277(1)(a) fails to furnish any vehicle or specified thing as directed to furnish under a requisitioning order, or fails to furnish any such vehicle or specified thing at the time and place as directed to furnish it; Section 277(1)(b) fails to comply with any regulations made under section 304 (1)(u); or Section 277(1)(c) obstructs any officer or other person in the exercise of any functions under Part XIII in relation to the inspection or requisitioning of vehicles or specified things, Section 277(2) For the purposes of subsection (1), "specified thing" means one of the things, animals and commodities specified in section 239 (1). - 278 Verify source ↗
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 278. Illegal dealings in documents relating to pay, pensions, mobilization, etc.
A person must not have in their possession documents (including official mobilization/demobilization documents) without lawful authority or reasonable excuse, including possessing them as security for a debt or to obtain payment of a debt.
Section 278. Illegal dealings in documents relating to pay, pensions, mobilization, etc. Section 278(1)(a) as a pledge or a security for a debt; Section 278(1)(a)(i) as a pledge or a security for a debt; Section 278(1)(a)(ii) with a view to obtaining payment, from the person entitled to the pay, pension, allowance, gratuity or other money, of a debt due either to any person; or Section 278(1)(b) without lawful authority or reasonable excuse has in possession of any document, or official document issued in connection with the mobilization or demobilization of the Defence Forces or any part or member thereof, Section 278(2) For the purposes of this section, a document shall be deemed to be in the possession of a person if that person has it under control and irrespective of whether the person has it for the use or benefit of the person or another. - 279 Verify source ↗
CIVIL OFFENCES CONCERNING THE DEFENCE FORCES - 279. Unauthorised use of and dealing in uniform, decorations, etc
Persons must not without authority use, wear, falsely represent entitlement to, or trade in service uniforms, decorations, badges, insignia of rank, wound stripes or emblems supplied or authorised by the President or the Defence Council; wearing brooches or ornaments representing service badges is permitted.
Section 279. Unauthorised use of and dealing in uniform, decorations, etc Section 279(1)(a) without authority, uses or wears any service decoration, uniform, or any badge, insignia of rank, wound stripe or emblem supplied or authorized by the President or the Defence Council; Section 279(1)(b) uses or wears any uniform, decoration, badge, insignia of rank, wound stripe or emblem so nearly resembling any service decoration or any badge, insignia of rank, wound stripe or emblem supplied or authorised, as to be calculated to deceive; Section 279(1)(c) falsely represents himself or herself to be a person who is or has been entitled to use or wear any service uniform, decoration or any badge, insignia of rank, wound stripe or emblem supplied or authorized as; or Section 279(1)(d) purchases or takes in pawn any service uniform, decoration awarded to any member of the Defence Forces, or solicits or procures any person to sell or pledge any such decoration, or acts for any person in the sale or pledging thereof, Section 279(2) Despite provisions under subsection (1)(a), (b) and (c), a person shall not be prohibited from wearing brooches or ornaments representing service badges.
Part XVIII
VISITING FORCES
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VISITING FORCES - 280. Interpretation of Part
Provides definitions used in this Part for terms such as "appropriate authority", "civilian component", "dependant", "designated country", "forces", "member", "sentence", "service court", "service law", and "visiting force".
Section 280. Interpretation of Part Section In this Part— "appropriate authority", in relation to a country, means such authority as is appointed by the Government of that country for the purposes of this Part; "civilian component" means the civilian personnel accompanying a visiting force, who are employed in the service of the visiting force or are employed by an authorized service organization accompanying a visiting force, and who are not stateless persons or citizens of Kenya or persons ordinarily resident in Kenya; "dependant" means a person who is not ordinarily resident in Kenya and who is the wife, husband or a child of a member of a visiting force who is under the age of twenty one years; "designated country" means a country designated under section 281 ; "forces", in relation to a country, means the naval, military or air forces of that country; "member", in relation to a visiting force, includes a member of the civilian component of that visiting force, and a dependant; "sentence" includes any punishment awarded or imposed by a service court; "service court", in relation to a country, means a court established under the service law of that country, or any authority empowered by that service law to investigate or try charges, or any authority empowered by that service law to review the proceedings of such a court or authority; "service law", in relation to a country, means the laws governing the forces of that country; and "visiting force" means anybody of the forces of a designated country which for the time being is lawfully present in Kenya in time of peace under a treaty, agreement to which the Government is party to. - 281 Verify source ↗
VISITING FORCES - 281. Power to apply Part
The Cabinet Secretary responsible for Foreign Affairs may, by order, designate a country as one to which this Part applies if the Defence Council considers it expedient.
Section 281. Power to apply Part Section 281(1) If it appears to the Defence Council that it is expedient that this Part should have effect in relation to any particular country, the Cabinet Secretary responsible for Foreign Affairs may, by order, designate that country as a country to which this Part applies. Section 281(2) An order under subsection (1) may provide that it shall have effect subject to limitations or conditions, or that this Part shall apply with modifications or adaptations. - 282 Verify source ↗
VISITING FORCES - 282. Powers of service courts of visiting forces
Service courts and service authorities of a designated country may exercise, in Kenya or on government ships or aircraft, over members of their visiting force the powers they have under that country's law, subject to the Constitution of Kenya.
Section 282. Powers of service courts of visiting forces Section 282(1) The service courts and service authorities of a designated country may, within Kenya or on board any ship or aircraft belonging to the Government, exercise over members of a visiting force that belongs to that country all such powers as are exercisable by them according to the law of the country, subject to the Constitution of Kenya. Section 282(2)(a) the service court shall be deemed to have been properly constituted; Section 282(2)(b) the sentence shall be deemed to have been within the jurisdiction of the service court and to have been in accordance with the law of the designated country; and Section 282(2)(c) the sentence, if executed according to the tenor of the sentence, shall be deemed to be lawfully executed. Section 282(3) Any person who is detained in custody under a sentence contemplated in subsection (2) is in lawful custody. Section 282(4) Despite the provisions of this section, a sentence of death passed by a service court of a designated country shall not be carried out in Kenya unless under the law of Kenya a sentence of death could have been passed in a similar case. - 283 Verify source ↗
VISITING FORCES - 283. Prosecution and trial for civil offences
Kenyan civil courts have exclusive jurisdiction and primary right to try members of visiting forces for civil offences, unless a treaty provision gives that right to the visiting force; members shall not be tried twice by Kenyan courts; Kenyan courts must consider prior foreign sentences when sentencing.
Section 283. Prosecution and trial for civil offences Section 283(1) The Kenyan civil courts shall have exclusive jurisdiction and primary right to try any member of a visiting force for any civil offence committed in contravention of any Kenyan law, customary international law, treaty or an agreement the Kenyan Government is party to. Section 283(2) Despite subsection (1), a provision in a treaty or agreement to which the Kenyan Government is party to may confer exclusive and primary right to try any member of a visiting force to the authorities of that visiting force. Section 283(3)(a) the member shall not be tried for the same offence by a Kenyan court; and Section 283(3)(b) if the member is subsequently convicted by a Kenyan court and it appears to that court that the conviction is wholly or partly in respect of acts or omissions in respect of which the person was convicted by the court, the Kenyan court in sentencing shall have regard to any sentence passed by the court. - 284 Verify source ↗
VISITING FORCES - 284. Proof of certain facts
Certificates and certain documents about visiting forces are treated as conclusive or presumed evidence of specified facts in Kenyan courts, unless the contrary is proved.
Section 284. Proof of certain facts Section 284(1)(a) that a body of the forces of that country is or was at a particular time present in Kenya shall, in proceedings in a Kenyan court, be conclusive evidence of the fact certified; Section 284(1)(b) that a named person at a particular time either was or was not a member (whether as a member of the force or as a member of the civilian component or as a dependant) of a visiting force of that country shall, in proceedings in a Kenyan court, be sufficient evidence of the fact, unless the contrary is proved; Section 284(1)(c) on particular date was sentenced by a service court of that country to a particular punishment; Section 284(1)(c)(i) on particular date was sentenced by a service court of that country to a particular punishment; Section 284(1)(c)(ii) is, or was at a particular time, detained in custody under a sentence passed by a service court of that country; or Section 284(1)(c)(iii) at a particular time and place, was tried by a service court of that country for a particular offence, shall, in proceedings in a Kenyan court, be conclusive evidence of the fact certified. Section 284(2)(a) in a certificate issued for the purposes of this section reference is made to a person by name; and Section 284(2)(b) in proceedings in a Kenyan court, reference is made to a person by that name (whether as a party to the proceedings or otherwise), Section 284(3) A document purporting to be a certificate issued for the purposes of this section, and to be signed by or on behalf of a particular authority, shall be presumed to be a certificate issued by or on behalf of that authority, unless the contrary is proved. Section 284(4)(a) is one which under this section may be issued by or on behalf of the appropriate authority of a designated country; and Section 284(4)(b) purports to be signed by or on behalf of an authority of that country, Section 284(5) If in proceedings in a Kenyan court it is admitted or proved (whether by means of a certificate or otherwise) that a body of the forces of a designated country is or was at a particular time present in Kenya, it shall be presumed in those proceedings that the body is or was at that time lawfully present in Kenya, unless the contrary is proved.
Part XX
MISCELLANEOUS
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MISCELLANEOUS - 291. Uniforms of the Defence Forces
The Defence Council must, by notice in the Gazette, specify and designate suitable and distinct uniforms for members of the Defence Forces.
Section 291. Uniforms of the Defence Forces Section 291(1) The Defence Council shall from time to time, by notice in the Gazette , specify and designate suitable and distinct uniforms for the members of the Defence Forces. Section 291(2) For purposes of this section "uniform" includes apparel, kit, badge, decoration, insignia, wound stripes, emblems, brooch, costume or any other distinctive item as the Defence Council shall from time to time determine. - 292 Verify source ↗
MISCELLANEOUS - 292. Precedence and command of members of Defence Forces
Subsection (1): specified ranks must stand in the order of precedence as named in that subsection. Subsection (2): officers, warrant officers and non-commissioned officers of the same rank must stand in order of precedence and command according to any Defence Council order, or if none, by seniority by date of appointment to current rank.
Section 292. Precedence and command of members of Defence Forces Section 292(1) Officers, warrant officers, non-commissioned officers and service members below the rank of non-commissioned officer shall stand in relation to each other in the order of precedence in which they are named in this subsection. Section 292(2) Officers, warrant officers and non-commissioned officers of the same rank shall, as between themselves, stand in order of precedence and command according to any order which may be made by the Defence Council, and where no such order is in force, according to their seniority reckoned by the date of their respective appointments to their current rank. - 293 Verify source ↗
MISCELLANEOUS - 293. Exemptions from tolls, etc.
Members of the Defence Forces or cooperating forces are exempt from tolls when on duty.
Section 293. Exemptions from tolls, etc. Section members of the Defence Forces or of any co-operating forces, when on duty; - 294 Verify source ↗
MISCELLANEOUS - 294. Exemption from execution against public property
Judgments, decrees or orders given or made against a member of the Defence Forces shall not be enforced by levying execution on public property used by that person for service purposes.
Section 294. Exemption from execution against public property Section No judgment, decree or order given or made against a member of the Defence Forces by any court shall be enforced by the levying of execution on any property in the possession of the person against whom it is given or made which is public property used by the person for service purposes. - 295 Verify source ↗
MISCELLANEOUS - 295. Certain officers may take statutory declarations
Persons subject to the Act may make statutory declarations outside Kenya before an authorised officer (officer of rank major or above).
Section 295. Certain officers may take statutory declarations Section 295(1) A person subject to this Act may make a statutory declaration under the Oaths and Statutory Declarations Act ( Cap. 15 ) outside Kenya before any officer of the rank of major or corresponding rank or above, in this section referred to as an "authorized officer". Section 295(2) A statutory declaration purporting to have been made before an authorised officer, and containing in the attestation a statement of the date on which and the place at which the declaration was made and of the full name and rank of that officer, shall be admitted in evidence without proof that the signature is the signature of that officer. - 296 Verify source ↗
MISCELLANEOUS - 296. Residence and next of kin to be recorded
Officers on commissioning and service members on enlistment must give their ordinary residence and next-of-kin details, and those particulars must be recorded; officers and service members must report any change to the recorded particulars.
Section 296. Residence and next of kin to be recorded Section 296(1) Every officer on being commissioned and every service member on being enlisted shall give particulars of the place, district and county in which the person ordinarily resides and the name and address of the next of kin, and those particulars shall be recorded at the headquarters of the person's unit. Section 296(2) The record shall be verified periodically, and it shall be the duty of the officer or service member to report any alteration that may occur in the recorded particulars. - 297 Verify source ↗
MISCELLANEOUS - 297. Execution of wills
A member must sign the section in the presence of an officer, and the officer must subscribe the officer's name as a witness in the member's presence.
Section 297. Execution of wills Section is signed by the member in the presence of an officer, who subscribes the officer's name as witness in the member's presence; or - 298 Verify source ↗
MISCELLANEOUS - 298. Administration of estates and missing persons
Paymasters or officers in control of a deceased Defence Forces member's pay or movable property must deliver it to the executor, or if there is no will, to the personal representative or the Public Trustee; the Public Trustee must then administer and distribute it under the Public Trustee Act. The Service Commander may issue a certificate deeming a missing member to be dead.
Section 298. Administration of estates and missing persons Section 298(1) If a member of the Defence Forces dies leaving a valid will, the paymaster or any officer having charge or control of any pay, accumulation of pay, allowances, gratuity or other money or any other movable property-belonging to the member, shall pay or deliver it to the member's executor. Section 298(2) If a member of the Defence Forces dies without leaving a valid will, the paymaster or any officer having charge or control of any pay, accumulation of pay, allowances, gratuity or other money or any movable property belonging to the member, shall pay or deliver it to the personal representative, or failing that, to the Public Trustee together with a copy of the record specified in section 296 , and the Public Trustee shall administer and distribute the money or property in accordance with the Public Trustee Act ( Cap. 168 ). Section 298(3) Despite the provisions of any other law, if a member of the Defence Forces disappears or is lost at sea, land or air under circumstances that, in the opinion of the Service Commander, raise beyond reasonable doubt a presumption that the member is dead, the Service Commander may issue a certificate, in the prescribed form in the Fifth Schedule, declaring that the member is deemed to be dead and stating the date on which the death is presumed to have occurred, and the member shall henceforth, for the purposes of this Act and the regulations, and in relation to the member's status and service in the Defence Forces, be deemed to have died on that date. - 299 Verify source ↗
MISCELLANEOUS - 299. Uniforms and decorations not part of estate
Uniforms and decorations shall not be treated as part of the estate of a deceased member of the Defence Forces and shall be delivered to the Service Commander to be disposed of as prescribed by regulation.
Section 299. Uniforms and decorations not part of estate Section Uniforms and decorations shall not be treated as part of the estate of a deceased member of the Defence Forces in relation to claims or creditors or for any of the purposes of administration under this Act or otherwise, and they shall be delivered to the Service Commander and thereafter disposed of in the manner to be prescribed by regulation. - 300 Verify source ↗
MISCELLANEOUS - 300. Property of deserter
Subsection (1): Movable property of a deserter that is in the charge or control of the paymaster or any other officer, including money due to the deserter, must be disposed of in a manner prescribed by regulations. Subsection (2): Regulations under subsection (1) must not arbitrarily deny a person his or her entitlements or benefits.
Section 300. Property of deserter Section 300(1) In every case of desertion, the movable property of the deserter in the charge or control of the paymaster or any other officer, including any money belonging or due to the deserter, shall be disposed of in a manner prescribed by regulations. Section 300(2) Regulations contemplated under subsection (1) shall not arbitrarily deny a person of his or her entitlements or benefits. - 301 Verify source ↗
MISCELLANEOUS - 301. Board of inquiry
Provides for boards of inquiry: lists certain matters (absence, capture, death, prescribed matters), permits the Defence Council/Service Commander/commanding officer to convene a board, requires a board to consist of prescribed persons and for the chair to be at least a Lieutenant, and makes evidence before a board inadmissible in most court-martial or related proceedings with stated exceptions.
Section 301. Board of inquiry Section 301(1)(a) the absence of any person subject to this Act; Section 301(1)(b) the capture of any person by the enemy; Section 301(1)(c) the death of any person if an inquiry into the death is not required to be held by a civil authority; or Section 301(1)(d) any other matter of a prescribed class, Section 301(2) The Defence Council, the Service Commander or the commanding officer may convene a board of inquiry to investigate and report on any other matter. Section 301(3) A board of inquiry shall consist of the prescribed number of persons, being persons subject to this Act, and the chairperson of the board shall be an officer not below the rank of Lieutenant or corresponding rank. Section 301(4) Evidence given before a board of inquiry shall not be admissible against any person in proceedings before a court-martial, appropriate superior authority or commanding officer other than proceedings for an offence under section 107 , or for an offence, under section 133 if the corresponding civil offence is perjury. - 302 Verify source ↗
MISCELLANEOUS - 302. Report of inquiry into absence to be recorded
If a board of inquiry reports an officer or service member has been absent without leave or other sufficient cause for at least twenty one days, a record of that report must be entered in the service books; that record has the same effect as a conviction for desertion unless the absentee surrenders or is arrested, or the report is annulled.
Section 302. Report of inquiry into absence to be recorded Section 302(1) If a board of inquiry into the absence of an officer or service member reports that the person has been absent without leave or other sufficient cause for a period of at least twenty one days, as specified in the report, a record of the report shall be entered in the service books. Section 302(2) A record entered under subsection (1) shall, unless the absentee subsequently surrenders or is arrested, or the report of the board of inquiry is annulled by the Defence Council or a subsequent board of inquiry, have the same effect as a conviction by a court-martial for desertion. - 303 Verify source ↗
MISCELLANEOUS - 303. Establishment of internal grievance mechanism
The Defence Council must establish an internal grievance mechanism under the Office of the Chief of the Kenya Defence Forces and, within ninety days of commencement of the Act, make rules of procedure for it.
Section 303. Establishment of internal grievance mechanism Section 303(1) The Defence Council shall establish an internal grievance mechanism which shall be under the Office of the Chief of the Kenya Defence Forces to address any complaint brought by or against a member of the Defence Forces. Section 303(2) The Defence Council shall, within ninety days of the commencement of this Act make rules of procedure with respect to internal grievance mechanism established under subsection (1). Section 303(3)(a) the procedure to be observed in lodging a complaint; Section 303(3)(b) manner in which the complaint is to be investigated; and Section 303(3)(c) manner in which appeals are to be made where a member of the Defence Forces has not obtained a satisfactory redress. - 304 Verify source ↗
MISCELLANEOUS - 304. Regulations
Authorises regulations covering a wide range of Defence Forces matters including commissioning and appointment of officers, pensions, recruitment, discipline, pay and allowances, postings and transfers, equipment, establishments, custody and treatment of prisoners, reservist duties, boards of inquiry, fees and forms, re-employment of retired personnel, military schools, and equal opportunity measures.
Section 304. Regulations Section 304(1)(a) the commissioning and appointment of officers, and their terms of service, retirement, resignation and precedence, and similar matters; Section 304(1)(aa) the establishment of a pensions assessment committee and a pensions appeals committee, including their composition and functions; Section 304(1)(b) the enlistment of recruits; Section 304(1)(ba) the protection, preservation and use of land and installations used or occupied by the Kenya Defence Forces; Section 304(1)(c) the administration of oaths and affirmations; Section 304(1)(d) the promotion of officers and service members; Section 304(1)(e) the persons, being members of the Defence Forces, in whom command over any service of the Defence Forces or any part or member thereof is vested, and as to the circumstances in which such command is vested; Section 304(1)(f) the attachment and secondment of officers and service members under Part IV; Section 304(1)(g) with the consent of the National Treasury, the pay, allowances, pensions and gratuities of members of the Defence Forces, including the manner of reckoning service before the commencement of this Act for pensions and gratuities; Section 304(1)(h) the seniority in rank, and the pension and other benefits, of a person who resigns a commission or is discharged from the defence forces to facilitate being granted a commission or enlisting in the defence forces; Section 304(1)(i) the periods and terms of service in the volunteer, reserve, and other matters concerning service in the volunteer reserve; Section 304(1)(j) the distribution, organization and duties of the Defence Forces; Section 304(1)(k) the government, discipline, pay and conditions of service of cadet forces; Section 304(1)(l) the distribution, posting, transfer, attachment and inspection of personnel; Section 304(1)(m) the description, supply, use and disposal of arms, accoutrements, clothing and other stores, including investigation into losses thereof; Section 304(1)(n) the proper administration and control of establishments of the Defence Forces, including prohibiting, regulating or controlling, entry into, presence within, meetings in and traffic within such establishments; Section 304(1)(o) the discipline, good order and guidance of the Defence Forces; Section 304(1)(p) forfeiture of pay and deductions from pay (but not so as to permit a penal deduction, meaning a deduction to be made by reason of the commission of an offence or other wrongful act or in consequence of negligence), and the determination of questions concerning forfeiture of pay and deductions from pay; Section 304(1)(q) the delegation of any or all of the functions of a commanding officer under this Act, in specified cases and to a specified extent, to officers of a specified class; Section 304(1)(r) the execution of sentences of death under this Act, including the manner and place where such executions are to be carried out and the custody, treatment and removal of persons under sentence of death; Section 304(1)(s) the execution of sentences of imprisonment under this Act, including the prisons in which they are to be served, and the classification, treatment, employment, discipline, control, removal and temporary release on compassionate grounds of persons serving such sentences, and the appointment, powers and duties of inspectors, visitors, governors and members of the staff of service prisons, and the removal of prisoners; Section 304(1)(t) active service punishment; Section 304(1)(u) billeting and requisitioning, including requiring persons to furnish particulars of the motor vehicles, and of the trailers normally drawn by motor vehicles, and of the ships, boats, barges, horses, mules, donkeys, camels, food, forage, fuel and stores in their possession and to afford proper facilities for their inspection; Section 304(1)(v) the administration, discipline and pay of the reserve, including calling out reservists and requiring reservists to report themselves from time to time and to obtain the permission of the competent service authority before leaving Kenya; Section 304(1)(w) the convening, constitution and procedure of boards of inquiry, the rules of evidence to be observed and the taking of evidence by such boards, including the administration of oaths and affirmations to witnesses; Section 304(1)(x) fees and forms; Section 304(1)(y) the making of inquiries regarding members of the Defence Forces missing in action and the giving of awards and decorations, the promotion of, and the disposal of pay and allowances of, such persons; Section 304(1)(z) the re-employment, appointment and terms and conditions for retired officers and service members; Section 304(1)(aa) the establishment of school of Military law and other Military schools; and Section 304(1)(bb) equal opportunity and affirmative action, including measures to ensure that all members of the Defence Forces are afforded adequate and equal opportunities for appointment, training and advancement. - 305 Verify source ↗
MISCELLANEOUS - 305. Rules of Procedure
Sets out the procedure to be observed in bringing charges before commanding officers and appropriate superior authorities.
Section 305. Rules of Procedure Section the procedure to be observed in bringing charges before commanding officers and appropriate superior authorities; - 305A Verify source ↗
MISCELLANEOUS - 305A. Standing Orders
The Standing Orders must not be inconsistent with this Act.
Section 305A. Standing Orders Section 305A(1)(a) discipline, control, good order and guidance; Section 305A(1)(b) organization, administration and duties; Section 305A(1)(c) distribution, posting, transfer, attachment and inspection of personnel; Section 305A(1)(d) administration, control and command of the reserves. Section 305A(2) The Standing Orders shall not be inconsistent with this Act. [Act No. 44 of 2016 , s. 37.] - 306 Verify source ↗
MISCELLANEOUS - 306. Rules of the courts martial
The Chief Justice may make rules governing practice and procedure in courts martial and appeals from the courts martial.
Section 306. Rules of the courts martial Section The Chief Justice may make rules prescribing the practice and procedure in courts martial and appeals from the courts martial. - 307 Verify source ↗
MISCELLANEOUS - 307. Powers exercisable in subsidiary legislation
Regulations, rules, orders or other instruments made under this Act may include detailed provisions for specified cases or classes of cases and may make different provision for different cases; classes may be defined by reference to circumstances specified in the instrument, and such instruments may impose conditions, require acts to be done to a named person's satisfaction (including non-Defence Forces persons), empower that person to give directions or prohibitions (oral or written), and prescribe time periods or dates and appeals against such measures.
Section 307. Powers exercisable in subsidiary legislation Section 307(1) Any power conferred by this Act to make regulations, rules, orders or other instruments shall include power to make provision for specified cases or classes of cases and to make different provision for different cases or classes of cases, and classes of cases may be defined by reference to any circumstances specified in the instrument. Section 307(2)(a) impose conditions, or require acts or things to be performed or done to the satisfaction of any person named therein, whether or not the person is a member of the Defence Forces; Section 307(2)(b) empower such a person to issue directions, either orally or in writing, requiring acts or things to be performed or done, or prohibiting acts or things from being performed or done; or Section 307(2)(c) prescribe periods or dates within, upon or before which such acts or things shall be performed or done or such conditions shall be fulfilled, and providing for appeal against any such imposition, requirement, or directions. - 308 Verify source ↗
MISCELLANEOUS - 308. Execution of orders, instruments, etc.
An authorised officer may sign directions, requirements, orders or determinations; instruments appearing to be signed by such an authorised officer are presumed to have been signed by an authorised officer unless proved otherwise.
Section 308. Execution of orders, instruments, etc. Section Save as expressly provided by this Act, any direction, requirement, order or determination which under this Act may be given or made by an officer or a service authority may be signified under the hand of any officer duly authorised in that behalf, and any instrument signifying such direction, requirement, order or determination and purporting to be signed by an officer stated therein to be so authorised shall, unless the contrary is proved, be presumed to have been signed by an officer so authorised.
Part XXI
REPEALS, TRANSITIONAL AND SAVINGS PROVISIONS
- 310 Verify source ↗
REPEALS, TRANSITIONAL AND SAVINGS PROVISIONS - 310. Transitional and savings
Several transitional and savings rules treat references, existing instruments and service orders under the former Armed Forces Act as applying under this Act, require existing service orders/rules to be reviewed within twelve months, and provide that pre‑existing instruments continue to apply until amended to conform with the Constitution and this Act.
Section 310. Transitional and savings Section 310(1)(a) any reference to the Armed Forces Act, under any written law shall be construed as a reference to this Act. Section 310(1)(b) any regulations, directives, orders, or instructions or other administrative measures taken or issued under the Armed Forces Act, in force immediately before the commencement of this Act, shall be deemed to have been made and issued under this Act. Section 310(1)(c) all Service orders, rules or regulations existing before the commencement of this Act shall be reviewed, amended or revised to conform to the provisions of the Constitution and this Act within twelve months after coming into force of this Act. Section 310(2) Until the orders, regulations, rules, circulars, notices, proclamations, or other instrument made in exercise of a power conferred by a written law applicable and having the force of law are amended in accordance with this section, they shall apply and be construed with alterations, qualifications, and exceptions necessary to bring them in conformity with the Constitution and this Act. - 311 Verify source ↗
REPEALS, TRANSITIONAL AND SAVINGS PROVISIONS - 311. Transfer of officers and members of the Defence Forces
Persons who immediately before the commencement of this Act were officers or service members of the Armed Forces are, at the commencement of this Act, deemed to be officers or service members of the Defence Forces.
Section 311. Transfer of officers and members of the Defence Forces Section A person who immediately before the commencement of this Act was serving as an officer or a service member of the Armed Forces shall, at the commencement of this Act, be deemed to be an officer or service member of the Defence Forces. - 312 Verify source ↗
REPEALS, TRANSITIONAL AND SAVINGS PROVISIONS - 312. Transfer of seconded or attached persons
A person who immediately before the commencement of this Act was a Government employee seconded or attached to the Armed Forces shall, upon commencement of the Act, be deemed to have been seconded or attached under this Act.
Section 312. Transfer of seconded or attached persons Section A person who immediately before the commencement of this Act was an employee of the Government seconded or attached to the Armed Forces shall, upon the commencement of this Act, be deemed to have been seconded or attached under this Act. - 313 Verify source ↗
REPEALS, TRANSITIONAL AND SAVINGS PROVISIONS - 313. Transfer of members of the reserve force
A person serving in the reserve forces immediately before this Act commenced is to be treated as enrolled under this Act for the remainder of their predetermined service period.
Section 313. Transfer of members of the reserve force Section A person who immediately before the commencement of this Act was serving as a reserve forces shall be regarded as having been enrolled as a member of the reserve force under this Act for the remainder of the predetermined period of the said service. - 314 Verify source ↗
REPEALS, TRANSITIONAL AND SAVINGS PROVISIONS - 314. Transfer of members of the constabulary
Persons who immediately before the commencement of this Act were serving in the Armed Forces Constabulary are to be treated as enrolled as members of the constabulary under this Act for the remainder of their predetermined service period.
Section 314. Transfer of members of the constabulary Section A person who immediately before the commencement of this Act was serving as a constabulary in the Armed Forces Constabulary shall be regarded as having been enrolled as a member of the constabulary under this Act for the remainder of the predetermined period of the said service. - 315 Verify source ↗
REPEALS, TRANSITIONAL AND SAVINGS PROVISIONS - 315. Transfer of assets, etc.
On commencement, property, assets, rights, liabilities, obligations, agreements and other arrangements vested in or held by the Armed Forces are to be treated as vested in, acquired by, or incurred by the Defence Forces to the same extent as before commencement.
Section 315. Transfer of assets, etc. Section 315(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the Armed Forces, shall upon the commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Defence Forces to the same extent as they were enforceable by or against the Defence Forces before the commencement of the Act. Section 315(2)(a) make such entries in the appropriate register as shall give effect to the transfer; Section 315(2)(b) where appropriate, issue to the Defence Forces a certificate of title or other statutory evidence of ownership of the property or make such amendments on such certificates or in the appropriate register as may be necessary; and Section 315(2)(c) make any necessary endorsements on such deeds or other documents as may be presented to such registering authority relating to the title, right or obligation concerned. - 316 Verify source ↗
REPEALS, TRANSITIONAL AND SAVINGS PROVISIONS - 316. Continuous and sustainable reforms
The Defence Council must establish systems and policies to ensure continuous and sustainable Defence Forces reforms.
Section 316. Continuous and sustainable reforms Section The Defence Council shall put in place systems and policies of ensuring continuous and sustainable Defence Forces reforms.
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