Act No: CAP. 202
Act Title: ARMED FORCES (OUT OF BOUNDS AREAS)

An Act of Parliament to provide for the control of areas or premises which have been declared by a competent authority to be out of bounds to members of the armed forces

[Act No. 24 of 1948, Cap. 87 (1948), L.N. 2/1964, L.N. 236/1964, Act No. 21 of 1966, Act No. 9 of 1967.]

[ Date of commencement: 20th April, 1948. ]
1.
Short title

This Act may be cited as the Armed Forces (Out of Bounds Areas) Act.

2.
Interpretation

In this Act, except where the context otherwise requires—

“armed forces” includes any foreign military, naval or air forces lawfully present in Kenya;

“Authority” means, in the case of the City of Nairobi, the Mayor, and in any other case the Civil Secretary of the region in which the premises or area are situate;

“authorized person” means any officer, warrant officer, petty officer or non-commissioned officer of the armed forces on police, picket or patrol duty and who is acting in the course of such duty;

“commanding officer” means the senior naval officer or the officer in command of the naval, military or air force units, as the case may be, in the locality in which the premises or area in question are situate.

3.
Power to erect signboards and notices
(1)

A commanding officer may, with the consent of the Authority, erect or cause to be erected any signboard, or may fix or cause to be fixed, or display or cause to be displayed, any notice upon any premises or in any area, whether private or otherwise, which have or has been placed out of bounds to members of the armed forces by the written or verbal order of any competent naval, military or air force authority.

(2)

Any person who damages or obscures, or without the consent in writing of a commanding officer removes, any such signboard or notice shall be guilty of an offence.

4.
Arrest of members of the armed forces in areas placed out of bounds

Any authorized person who has reasonable cause to believe that any member of the armed forces is to be found in any premises or area which have or has been placed out of bounds to members of the armed forces by any competent naval, military or air force authority, and upon or in which the Authority has agreed to the erection, fixing or display of a signboard or notice under subsection (1) of section 3, may enter upon such premises or area and arrest any member of the armed forces found therein.

5.
Offence knowingly to admit a member of the armed forces

Where a signboard or notice has been erected, fixed or displayed upon any premises or in any area under subsection (1) of section 3, an owner or occupier of such premises or area who knowingly admits any member of the armed forces into such premises or area shall be guilty of an offence.

6.
Penalty

Any person who is guilty of an offence under this Act shall be liable to a fine not exceeding one thousand shillings or, in default of payment, to imprisonment for a term not exceeding three months.