Kenya Defence Forces Act, 2012 🇰🇪

Kenya

Preface

Part I – PRELIMINARY

1. Short title

2. Interpretation

3. Guiding principles

4. Application of the Act

5. Application to civilians

Part II – CONSTITUTION, STRUCTURE, COMMAND AND ADMINISTRATION OF THE DEFENCE FORCES

6. Constitution of the Defence Forces

7. Determination of strength of Defence Forces

8. Functions of the Defence Forces

9. The Commander-in-Chief of the Defence Forces

10. Functions of the Cabinet Secretary

+20 more sections

Part III – CO-OPERATION WITH OTHER AUTHORITIES IN KENYA

31. Co-operation with other authorities

32. Deployment of Defence Forces to restore peace in Kenya

33. Deployment in support of National Police Service

34. Regulation of support operation, etc

35. Powers and duties of members while being deployed

Part IV – RELATIONSHIP WITH OTHER COUNTRIES AND EMPLOYMENT OUTSIDE KENYA

36. Attachment to other forces and employment outside Kenya

37. Co-operation with other forces and forces visiting Kenya

38. Service by members in fulfillment of international obligation

39. Attachment of personnel

40. Command over members serving together with other military force or under control of international body

+1 more sections

Part V – LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS OF PERSON SUBJECT TO THIS ACT

42. Rights and fundamental freedoms

43. Conditions for limitation of rights and fundamental freedoms

44. Limitation to freedom of conscience, religion, thought, belief and opinion

45. Limitation of freedom of expression

46. Limitation of political rights

+8 more sections

Part VI – SERVICE OFFENCES

55. Offences not triable by a court-martial

56. Trials in civil courts

57. Persons guilty of an offence

58. Aiding the enemy

59. Communication with enemy

+78 more sections

Part VII – ARREST OF PERSONS SUBJECT TO THE ACT

137. Power to arrest offenders

138. Search by other persons upon arrest

139. Conditions for an arrest

140. Provisions for avoiding delay after arrest

141. Power to arrest deserter or an absentee

+5 more sections

Part VIII – SUMMARY DISCIPLINARY PROCEEDINGS

147. Guiding principles

148. Certain charges may be dealt with summarily

149. Appropriate superior authority

150. Reporting and investigation of offences

151. Rights and representation of an accused person during trial

+8 more sections

Part IX – COURTS MARTIAL

160. Constitution of the courts martial

161. Guiding principles in exercising Judicial authority

162. Sitting and power of the court-martial

163. Convening of court-martial

164. Disqualifications for membership of court-martial

+21 more sections

Part X – APPEALS FROM COURTS MARTIAL

186. Appeal to High Court

187. Notice of Appeal

188. Determination of appeal in ordinary cases

189. Powers of court in special cases

190. Court may appoint expert

+9 more sections

Part XI – PROVISIONS CONCERNING TRIAL AND PUNISHMENT

200. Commencement of sentence of imprisonment

201. Duration of sentence of imprisonment

202. Service of sentence of imprisonment

203. Committal to civil prison

204. Sentence of imprisonment passed outside Kenya

+10 more sections

Part XII – FORFEITURES AND DEDUCTIONS

215. General Provisions

216. Forfeiture of pay for absence from duty

217. Deductions for penalties

218. Compensation for loss occasioned by wrongful act or negligence

219. Deduction for barrack damage

+1 more sections

Part XIII – BILLETING AND REQUISITIONING

221. Billeting orders

222. Full and prompt compensation

223. Instances where billeting orders may be issued

224. Premises in which billets may be required

225. Billeting

+16 more sections

Part XIV – SERVICE IN DEFENCE FORCES

242. Application

243. Regular force

244. Pensions and gratuity

245. Protection of members on duty

246. Obligation to serve during a state of emergency

+2 more sections

Part XV – COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS

249. Commissioned officers

250. Reserve liability

251. Termination of commission

252. Enlistment

253. Term of enlistment

+5 more sections

Part XVI – THE RESERVES

259. Transfer to reserve

260. Volunteer reserve

261. Calling out reservists for annual training

262. Calling out reservists temporarily

263. Calling out reservists on permanent service

+4 more sections

Part XVII – – CIVIL OFFENCES CONCERNING THE DEFENCE FORCES

268. Application of this part

269. Obstructing the military police, etc

270. Repealed by Act No. 44 of 2016, s. 35.

271. Procuring and assisting desertion

272. Pretending to be a deserter

+7 more sections

Part XVIII – VISITING FORCES

280. Interpretation of Part

281. Power to apply Part

282. Powers of service courts of visiting forces

283. Prosecution and trial for civil offences

284. Proof of certain facts

Part XIX – FINANCIAL PROVISIONS

285. Funds of the Defence Forces

286. Allocations of Funds

287. Financial year

288. Annual estimates

289. Accounts and audits

+1 more sections

Part XX – MISCELLANEOUS

291. Uniforms of the Defence Forces

292. Precedence and command of members of Defence Forces

293. Exemptions from tolls, etc.

294. Exemption from execution against public property

295. Certain officers may take statutory declarations

+14 more sections

Part XXI – REPEALS, TRANSITIONAL AND SAVINGS PROVISIONS

309. Repeal

310. Transitional and savings

311. Transfer of officers and members of the Defence Forces

312. Transfer of seconded or attached persons

313. Transfer of members of the reserve force

+3 more sections

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

Paragraph (i)

Paragraph (ii)

Paragraph (iii)

Paragraph (iv)

FIFTH SCHEDULE

REPUBLIC OF KENYA

Kenya Defence Forces Act, 2012

Act 25 of 2012

Assented to on 27 August 2012
Commenced on 17 September 2012
[This is the version of this document from 17 September 2012.]

An Act of Parliament to provide for the functions, organization and administration of the Kenya Defence Forces pursuant to Articles 232 and 239 (6) of the Constitution; to give effect to Article 241 and other relevant Articles of the Constitution, to provide for disciplinary matters, and for connected purposes.

Part I – PRELIMINARY

1. Short title

This Act may be cited as the Kenya Defence Forces Act, 2012.

2. Interpretation

(1)In this Act, unless the context otherwise requires—"acting rank" means a rank from which the Commander, in the case of officers or a commanding officer, in the case of service members, has power to order the holder to revert and acting in relation to a specified rank shall be construed accordingly;"aids and abets" means where one is not a perpetrator of an offence committed by the perpetr…

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Kenya Defence Forces Act, 2012 🇰🇪

Table of Contents

REPUBLIC OF KENYA

Kenya Defence Forces Act, 2012

Act 25 of 2012

Part I – PRELIMINARY

1. Short title

2. Interpretation

Read the Full Legislation on judy.legal