Act No: No. 25 of 2012
Act Title: KENYA DEFENCE FORCES
SUBSIDIARY LEGISLATION
Arrangement of Sections

ARMED FORCES (GENERAL) REGULATIONS, 1968

ARRANGEMENT OF REGULATIONS

1.

Citation.
2.

Interpretation.
3.

Commanding officer.
4.

Officer appointed to command.
5.

Second in command.
6.

Senior officer.
7.

Powers of command.
8.

Appointments, promotion, pay and allowances.
9.

Standing orders.
10.

Manner of promulgation.
11.

Form of certificates of arrest.
12.

Prescribed documents of record.
13.

Investigation of barrack damage.
14.

Contribution towards barrack damage.
15.

Investigation into loss or damage of public property.
16.

Deductions and forfeitures.
17.

Forfeiture of pay for absence from duty.

SCHEDULES

FIRST SCHEDULE —

CERTIFICATE UNDER SECTION 75(1) OF THE ARMED FORCES ACT
SECOND SCHEDULE —

CERTIFICATE UNDER SECTION 75(2) OF THE ARMED FORCES ACT
THIRD SCHEDULE

ARMED FORCES (ACTIVE SERVICE PUNISHMENT) REGULATIONS, 1969

ARRANGEMENT OF REGULATIONS

1.

Citation.
2.

Interpretation.
3.

Places where punishment may be carried out.
4.

Nature of punishment.
5.

Personal restraint.

ARMED FORCES (BOARD OF INQUIRY) REGULATIONS, 1969

ARRANGEMENT OF REGULATIONS

1.

Citation.
2.

Interpretation.
3.

Convening authority.
4.

Order convening a board.
5.

Constitution of board.
6.

Duties of board.
7.

Matters for reference to board.
8.

Deferring and staying of proceedings.
9.

Assembly of board.
10.

Procedure of board.
11.

Adjournment and reassembly.
12.

Witnesses.
13.

Persons who may be affected by findings.
14.

Oaths.
15.

Exhibits.
16.

Record of proceedings.
17.

Record of report.

SCHEDULE

ARMED FORCES (SUMMARY JURISDICTION) REGULATIONS, 1969

ARRANGEMENT OF REGULATIONS

1.

Citation.
2.

Interpretation.
3.

Commanding officer.
4.

Delegation.
5.

Restriction on commanding officer dealing summarily with charges.
6.

Limitation on awarding stoppages.
7.

Limitation on powers of commanding officer of the rank of captain.
8.

Limitation on powers of commanding officer not above lieutenant.
9.

Commanding officer of detachment.
10.

Limitation on powers of officer exercising delegated powers.
11.

Appropriate superior authority.
12.

Limitation on powers of appropriate superior authority.
13.

Award of minor punishments.
SCHEDULE —

CIVIL OFFENCES WHICH A COMMANDING OFFICER OR APPROPRIATE SUPERIOR AUTHORITY MAY DEAL WITH SUMMARILY

ARMED FORCES (SUMMARY JURISDICTION) REGULATIONS, 1969
[L.N. 254/1969, L.N. 145/1985, L.N. 553/1988.]
1.
Citation

These Regulations may be cited as the Armed Forces (Summary Jurisdiction) Regulations, 1969.
2.
Interpretation
(1)

In these Regulations—

"civilian employee" means a person who is subject to the Act by virtue of section 9 thereof;

"detachment" means a part of a unit which is so separated from the unit to which it belongs, that the commanding officer of that unit cannot effectively exercise his disciplinary powers as commanding officer over it, or a ship;

“subordinate commander" means an officer appointed as such by the commanding officer of the accused.
(2)

These Regulations do not apply in respect of members of the Constabulary.
3.
Commanding officer
(1)

For the purposes of these Regulations, the commanding officer of an accused is the officer who has powers of command over the accused and who—

(a)

is in immediate command of the unit to which the accused belongs or is attached and who is directly responsible in disciplinary matters to an officer empowered to convene a court-martial to try an officer or serviceman belonging or attached to that unit; or
(b)

where the accused is serving with a detachment which has not been placed for disciplinary purposes under the command of the commanding officer of another unit or detachment, is the commanding officer of that detachment; or
(c)

where the accused is serving with a unit or detachment which has been placed for disciplinary purposes under the command of the commanding officer of another unit or detachment, is the commanding officer of that other unit or other detachment; or
(d)

in any case not falling within paragraph (a) or paragraph (b) of this regulation, is by the custom of the service the officer entitled to exercise the powers of a commanding officer in relation to the accused (otherwise than by delegated authority).
(2)

In paragraph (1) of this regulation, the reference to the accused belonging or being attached to or serving with a unit or detachment includes a reference to a civilian employee being employed in the service of that unit or detachment or of any part or member thereof or accompanying that unit or any part thereof.
4.
Delegation
(1)

Subject to regulation 10 of these Regulations, a commanding officer may delegate to a subordinate commander of whatever rank who is under his command and directly responsible to him in disciplinary matters the power to investigate and deal summarily with charges with which he himself may so deal.
(2)

Notwithstanding the restrictions placed upon the powers of a subordinate commander by virtue of regulation 10 of these Regulations, where a unit or detachment is serving with and has been placed for disciplinary purposes under the command of the commanding officer of another unit or detachment, that commanding officer may appoint a subordinate commander and delegate to him the full powers of a commanding officer.
(3)

A delegation under paragraph (1) or paragraph (2) of this regulation shall not include—

(a)

the power to remand the accused for trial by court-martial; or
(b)

the power to order the making of an abstract of evidence.
(4)

When a commanding officer delegates the power to investigate and deal summarily with charges under this regulation, he may impose such restrictions as he considers proper upon the exercise of that power by the officer to whom it is delegated, in addition to the restrictions imposed by regulation 10 of these Regulations.
5.
Restriction on commanding officer dealing summarily with charges

A commanding officer shall not deal summarily with a charge under any of the following sections of the Act—

(a)

section 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26 and 28(1);
(b)

section 31, unless the desertion alleged falls within the definition of that offence in subsection (2)(d);
(c)

sections 38(a) and 39(a), where the subject-matter exceeds in value one thousand shillings;
(d)

sections 38(b) and 39(b), 40, 43, 44, 45, 46, 47, 49(1), 52, 53, 55, 56, 57, 60, 61, 62, 63, 64 and 65;
(e)

section 66, where the commanding officer may not deal summarily with the substantive offence;
(f)

section 69, unless the corresponding civil offence is one of those specified in the Schedule to these Regulations.

6.
Limitation on awarding stoppages

A commanding officer shall not, without the permission of higher authority, award the punishment of stoppages exceeding one thousand shillings.

[L.N. 553/1988, s. 3.]
7.
Limitation of powers on commanding officer of the rank of captain

A commanding officer of the rank of captain or corresponding rank may only award the following punishments—

(a)

To a warrant officer or non-commissioned officer—

(i) a fine not exceeding the equivalent of half a month's pay;
(ii) severe reprimand;
(iii) reprimand;
(iv) admonition;
(v) stoppages up to a maximum of five hundred shillings;
(b)

to a serviceman, other than a warrant officer or non-commissioned officer—

(i) imprisonment for a period not exceeding forty-two days;
(ii) a fine not exceeding the equivalent of half a month's pay;
(iii) the minor punishments specified in regulation 13 of these Regulations;
(iv) admonition;
(v) stoppages up to a maximum of two hundred shillings. [L.N. 553/1988, s. 4.]
8.
Limitation on powers of commanding officer not above lieutenant

A commanding officer of the rank of lieutenant or corresponding rank, or below, may only award the following punishments—

(a)

To a warrant officer or non-commissioned officer—

(i) a fine not exceeding the equivalent of a quarter of a month's pay;
(ii) severe reprimand;
(iii) reprimand;
(iv) admonition;
(v) stoppages up to a maximum of three hundred shillings;
(b)

to a serviceman, other than a warrant officer or non-commissioned officer—

(i) imprisonment for a period not exceeding twenty-one days;
(ii) a fine not exceeding the equivalent of a quarter of a month's pay;
(iii) the minor punishments specified in regulation 13 of these Regulations;
(iv) admonition;
(v) stoppages up to a maximum of three hundred shillings. [L.N. 553/1988, s. 5.]
9.
Commanding officer of detachment

Where the commanding officer is commanding officer by virtue of paragraph (b) of regulation 3 of these Regulations—

(a)

the commanding officer of the unit to which the sub-unit or detachment belongs may restrict him in the exercise of his power having regard to his rank or experience;
(b)

where he has been so restricted in the exercise of his powers, he may nevertheless exercise his full powers as a commanding officer if he considers it necessary for him to do so for the maintenance of discipline, but if he does so he shall immediately report his action to the commanding officer who restricted him in the exercise of his powers.
10.
Limitation on powers of officer exercising delegated powers

A subordinate commander to whom the power to investigate and deal summarily with charges has been delegated under regulation 4 of these Regulations may only award the following punishments—

(a) If he is of the rank of major or corresponding rank or above–

(i)

to a non-commissioned officer–

(a) a fine not exceeding the equivalent of half a month's pay;
(b) severe reprimand;
(c) reprimand;
(d) admonition;
(ii)

to a serviceman, other than a warrant officer or non-commissioned officer–

(a) imprisonment for a period not exceeding twenty-eight days;
(b) a fine not exceeding the equivalent of half a month's pay;
(c) the minor punishments specified in regulation 13 of these Regulations;
(d) admonition;

(b) if he is of the rank of captain or corresponding rank or below–

(i)

to a senior sergeant or sergeant–

(a) reprimand;
(b) admonition;
(ii)

to a corporal or lance corporal—

(a) a fine not exceeding the equivalent of a quarter of a month's pay;
(b) severe reprimand;
(c) reprimand;
(d) admonition;
(iii)

to a private–

(a) imprisonment for a period not exceeding fourteen days;
(b) a fine not exceeding the equivalent of a quarter of a month's pay;
(c) the minor punishments specified in regulation 13 of these Regulations;
(d) admonition.
11.
Appropriate superior authority

Any officer not below the rank of lieutenant-colonel or corresponding rank who is appointed appropriate superior authority by the Commander is hereby prescribed for the purposes of section 79 of the Act as the appropriate superior authority, in addition to the Commander:

Provided that an officer of the rank specified in the first column hereunder or corresponding rank shall not be the appropriate superior authority for the purposes of a case in which the accused is above the rank specified in the second column hereunder or corresponding rank—

lieutenant-colonel

captain

colonel

major

brigadier

lieutenant-colonel

major-general

colonel

lieutenant-general

brigadier

general

major-general

12.
Limitation on powers of appropriate superior authority

The appropriate superior authority shall not deal summarily with a charge against an officer under any of the following sections of the Act—

(a)

section 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26 and 28(1);
(b)

sections 38(a) and 39(a) where the subject-matter exceeds in value two thousand shillings;
(c)

sections 38(b) and 39(b), 40, 43, 44, 45, 46, 47, 49(1), 52, 53, 55, 56, 57, 60, 61, 62, 63, 64 and 65;
(d)

section 66, where the appropriate superior authority may not deal summarily with the substantive offence;
(e)

section 69, unless the corresponding civil offence is one of those specified in the Schedule to these Regulations.

13.
Award of minor punishments
(1)

The minor punishments which a commanding officer may award under section 82(4)(a)(vii) and (b)(iv) of the Act are—

(a)

up to twenty-eight days' confinement to barracks or stoppage of short leave, with or without extra duties;
(b)

up to twenty-eight days' loss of privileges;
(c)

extra guards or picquets,

except that a commanding officer of the rank of captain or corresponding rank or below shall not award minor punishments for a period exceeding twenty-one days.

(2)

The minor punishments which a subordinate commander may award are—

(a)

up to twenty-one days' confinement to barracks or stoppage of short leave, with or without extra duties;
(b)

up to twenty-one days' loss of privileges;
(c)

extra guards or picquets,

except that a subordinate commander of the rank of captain or corresponding rank or below, shall not award minor punishments for a period exceeding fourteen days.

(3)

The periods specified in this regulation are the maximum periods which may be awarded in the course of any one hearing.

[L.N. 553/1988, s. 7.]

SCHEDULE

[Regulations 5 and 12.]

CIVIL OFFENCES WHICH A COMMANDING OFFICER OR APPROPRIATE SUPERIOR AUTHORITY MAY DEAL WITH SUMMARILY

1.

Theft, contrary to section 275 of the Penal Code (Cap. 63), where the value of the thing stolen does not exceed two hundred shillings.
2.

Common assault, contrary to section 250 of the Penal Code.
3.

Careless driving of a motor vehicle, contrary to section 49 of the Traffic Act (Cap. 403).
4.

Taking and driving away a motor vehicle without the consent of the owner or other lawful authority, contrary to section 65 of the Traffic Act.
5.

Reckless or dangerous driving of a bicycle, contrary to section 86 of the Traffic Act.
6.

Careless driving of a bicycle, contrary to section 87 of the Traffic Act.

ARMED FORCES (ARMED FORCES CONSTABULARY— SUMMARY JURISDICTION) REGULATIONS, 1969

ARRANGEMENT OF REGULATIONS

1.

Citation.
2.

Interpretation.
3.

Deleted.

4.

Delegation of powers.
5.

Limitation of powers.
6.

Stoppages.
7.

Dismissal and reduction in rank.
8.

Restriction on summary dealing with charges by commanding officer of the rank of captain.
9.

Restriction on summary dealing with charges by commanding officer of the rank of lieutenant.
SCHEDULE —

CIVIL OFFENCES WHICH A COMMANDING OFFICER OR APPROPRIATE SUPERIOR AUTHORITY MAY DEAL WITH SUMMARILY

ARMED FORCES RULES OF PROCEDURE, 1969

ARRANGEMENT OF RULES

PRELIMINARY

1.

Citation.
2.

Definitions.

ARREST AND AVOIDANCE OF DELAY

3.

Avoidance of delay by commanding officer in investigating charges.
4.

Report to higher authority where no investigation commenced within forty-eight hours of arrest.
5.

Eight-day delay report.
6.

Arrest not to exceed 72 days without permission from higher authority.

INVESTIGATION OF CHARGES BY COMMANDING OFFICER

7.

Methods of investigating charge.
8.

Hearing of evidence by commanding officer.
9.

Abstract of evidence.
10.

Investigation before summary dealing by commanding officer.
11.

Dismissal of charge by commanding officer.
12.

Reference of charge to higher authority.

PREPARATION OF, CHARGE-SHEETS AND FRAMING OF CHARGES

13.

Charge-sheets.
14.

Charges.
15.

Joint charges.
16.

Construction of charge-sheets and charges.

ACTION BY HIGHER AUTHORITY ON RECEIPT OF CHARGE

17.

Action by higher authority on receipt of charge.

INVESTIGATION OF AND SUMMARY DEALINGS WITH, CHARGES BY APPROPRIATE SUPERIOR AUTHORITY

18.

Documents to be given to officers, servicemen and civilians dealt with summarily.
19.

Investigations of and summary dealing with charges against officers, servicemen and civilians.
20.

Alternative courses open to appropriate superior authority.

CONVENING OF COURTS-MARTIAL

21.

Duties of convening officer when convening court-martial.
22.

Appointment of President and Members.
23.

Officers under instruction.
24.

Preparation of defence.

ASSEMBLY AND SWEARING OF COURT

25.

Preliminary matters to be considered by court and beginning of trial.
26.

Objections to court.
27.

Swearing of court.
28.

Swearing of judge advocate.
29.

Swearing of officers under instruction.
30.

Appointment and swearing of, and objections to, interpreters and shorthand writers.
31.

No right of objection to judge advocate, prosecutor or officer under instruction.
32.

Order of trial.
33.

Oaths and solemn affirmations.

ARRAIGNMENT OF ACCUSED

34.

Arraignment of accused.
35.

Plea to jurisdiction of court.
36.

Objection to charge.
37.

Plea in bar of trial.
38.

Application by accused at joint trial to be tried separately.
39.

Application by accused to have charges tried separately.
40.

Plea to charge.
41.

Acceptance of plea of guilty.
42.

Pleas on alternative charges.

PROCEDURE AFTER RECORDING FINDING OF GUILTY

43.

Order of trial where pleas of guilty and not guilty.
44.

Procedure on finding of guilty after plea of guilty.

CHANGE OF PLEA

45.

Change of plea.

PROCEDURE ON PLEAS OF NOT GUILTY

46.

Application for adjournment of trial.
47.

Case for prosecution.
48.

Calling of witnesses whose evidence not contained in abstract of evidence.
49.

Notice to accused that witness will not be called by prosecutor.

CALLING AND EXAMINATION OF WITNESSES

50.

Swearing of witnesses.
51.

Exclusion of witnesses from court.
52.

Examination of witnesses.
53.

Examination of witnesses by court.
54.

Reading back of evidence to witnesses.
55.

Calling of witnesses by court and recalling of witnesses.
56.

Statutory declarations.

SUBMISSION OF NO CASE TO ANSWER AND STOPPING OF CASE

57.

Submission of no case to answer and power of court to stop a case.

CASE FOR THE DEFENCE

58.

Explanation to accused of rights when making defence.
59.

Evidence for defence.
60.

Evidence in rebuttal.
61.

Closing addresses.

SUMMING UP BY JUDGE ADVOCATE

62.

Summing up by judge advocate.

DELIBERATION ON AND ANNOUNCEMENT OF, FINDING ON CHARGE

63.

Deliberation on finding on charge.
64.

Expression of opinions on, and form of, finding.
65.

Announcement of finding.

PROCEDURE AFTER ANNOUNCEMENT OF FINDING

66.

Completion of procedure on plea of guilty before deliberation on sentence.
67.

Trial of charges on other charge-sheets before deliberation on sentence.
68.

Release of accused.
69.

Accused's record and plea in mitigation.
70.

Request by accused for other offences to be taken into consideration.

DELIBERATION ON SENTENCE

71.

Persons entitled to be present during deliberation on sentence.
72.

Sentence and recommendation to mercy.
73.

Postponement of deliberation on sentence.

ANNOUNCEMENT OF SENTENCE AND CONCLUSION OF TRIAL

74.

Announcement of sentence and conclusion of trial.

GENERAL DUTIES OF PRESIDENT, PROSECUTOR AND DEFENDING OFFICER OR COUNSEL

75.

General duties of president.
76.

General duties of prosecutor and defending officer or counsel.
77.

Counsel.

POWERS AND DUTIES OF JUDGE ADVOCATE

78.

General duties of judge advocate.
79.

Judge advocate sitting alone.

WITHDRAWAL AND AMENDMENT OF CHARGE-SHEETS AND CHARGES

80.

Withdrawal of charge-sheets and charges.
81.

Amendment of charge-sheets and charges by court.
82.

Amendment of charges by convening officer.

SITTINGS AND ADJOURNMENT OF COURT

83.

Sittings of court.
84.

Adjournment.
85.

View by court.
86.

Absence of President, members or judge advocate.

INSANITY

87.

Insanity.

INTERVIEWING AND ATTENDANCE OF WITNESSES

88.

Interviewing of witnesses.
89.

Procuring attendance of witnesses.

RECORD OF PROCEEDINGS

90.

Record of proceedings.
91.

Exhibits.
92.

Custody and inspection of record of proceedings during trial.

CONFIRMATION, REVISION AND PROMULGATION

93.

Confirmation and promulgation.
94.

Revision.

LOSS OF PROCEEDINGS

95.

Loss of original record of proceedings before confirmation.
96.

Loss of original record of proceedings after confirmation.

LENGTH OF CUSTODY OF RECORD OF PROCEEDINGS, AND COST OF COPIES OF PROCEEDINGS

97.

Custody of record of proceedings after confirmation.
98.

Cost of copies of record of proceedings.

PETITIONS

99.

Petitions.

MISCELLANEOUS

100.

Notice requiring oral evidence in place of statutory declaration.
101.

Exceptions from Rules on account of the exigencies of service.
102.

Exceptions from Rules in interests of security.
103.

Procedure in case of illiteracy or incapacity.
104.

Deviations from the forms in the Schedules.
105.

Cases not covered by Rules.

SCHEDULES

FIRST SCHEDULE —

FORMS FOR COMMANDING OFFICERS
SECOND SCHEDULE —
THIRD SCHEDULE —

RECORD OF PROCEEDINGS, BEFORE AN APPROPRIATE SUPERIOR AUTHORITY
FOURTH SCHEDULE —

COURT-MARTIAL FORMS
FIFTH SCHEDULE —

SENTENCES
SIXTH SCHEDULE —

OATHS AND AFFIRMATIONS
SEVENTH SCHEDULE —

PETITIONS

ARMED FORCES (COURT-MARTIAL APPEALS) RULES, 1969

ARRANGEMENT OF RULES

1.

Citation.
2.

Interpretation.
3.

Application for leave to appeal.
4.

Extension of time.
5.

Form of appeal by Attorney-General.
6.

Abandonment of appeal.
7.

Notices.
8.

Court-martial proceedings.
9.

Copies of proceedings.
10.

Documents and exhibits.
11.

Security of documents, etc.
12.

Public interest.
13.

Witnesses.
14.

Register and cause list.
15.

Presence of person convicted at hearing.
16.

Notifying results of appeals, etc.
17.

Restitution order.
18.

Right of audience.
19.

Non-compliance with Rules.
20.

Enforcement of duties.

SCHEDULE

ARMED FORCES (EXECUTION OF SENTENCE OF DEATH) REGULATIONS, 1970

ARRANGEMENT OF REGULATIONS

1.

Citation.
2.

Interpretation.
3.

Custody of person under sentence.
4.

Treatment of person under sentence.
5.

Transfer to civil prison.
6.

Where sentence may be carried out.
7.

Execution in military custody.
8.

Execution in civil custody.
9.

Death warrant.
10.

Death certificate and return of warrant after execution in military custody.
11.

Burial after execution in military custody.

SCHEDULES

FIRST SCHEDULE —

ORDER FOR THE TRANSFER TO CIVIL CUSTODY OF A PERSON SENTENCED TO DEATH BY A COURT-MARTIAL
SECOND SCHEDULE —

DEATH WARRANT
THIRD SCHEDULE —

CERTIFICATE OF MEDICAL OFFICER

ARMED FORCES (IMPRISONMENT) REGULATIONS, 1970

ARRANGEMENT OF REGULATIONS

1.

Citation.
2.

Interpretation.
3.

Service of sentences.
4.

Committal.
5.

Release from custody.
6.

Temporary release from service prison.
7.

Period of remission in service prison.
8.

Records of remission.
9.

Forfeiture of remission.
10.

Effect on remission of subsequent sentences of imprisonment.
11.

Corporal punishment.
12.

Use of force.
13.

Requirement of service prisons.
14.

Work.
15.

Days of rest.
16.

Work in association.
17.

No work for private benefit.
18.

Rations.
19.

Tobacco.
20.

Correspondence.
21.

Parcels.
22.

Censorship.
23.

Visits.
24.

Visit by legal advisers.
25.

Medical examination.
26.

Appeals.
27.

Rights as to appeal to be notified.
28.

Searching persons under sentence.
29.

Condition of search.
30.

Duration of sentence on persons who escape.
31.

Deaths.
32.

Offence against discipline.
33.

Procedure for dealing with offences.
34.

Punishment which may be awarded by an officer in charge.
35.

Restricted diet.
36.

Close confinement.
37.

Mechanical restraint.
38.

Canvas suit.
39.

Religious books and chaplains.
40.

Visit by chaplain.
41.

Attendance at divine service.
42.

Educational training.
43.

Prohibition of liquor, tobacco.
44.

Communication with prisoners.
45.

Unauthorized entry of service prison.
46.

Penalty.

SCHEDULES

FIRST SCHEDULE —

ORDER FOR THE COMMITTAL OF A MEMBER OF THE ARMED FORCES TO A CIVIL PRISON ON AN AWARD OF IMPRISONMENT BY HIS COMMANDING OFFICER
SECOND SCHEDULE —

ORDER FOR THE COMMITTAL OF A MEMBER OF THE ARMED FORCES TO A CIVIL PRISON ON SENTENCE OF IMPRISONMENT BY A COURT-MARTIAL
THIRD SCHEDULE —

ORDER FOR THE RELEASE OF A PERSON UNDERGOING SENTENCE OF IMPRISONMENT UNDER THE ARMED FORCES ACT

ARMED FORCES (PENSIONS AND GRATUITIES) (OFFICERS AND SERVICEMEN) REGULATIONS, 1980
[L.N. 61/1980, L.N. 163/1980, L.N. 29/1983, L.N. 77/1985, L.N. 94/1985, L.N. 305/1986, L.N. 177/1987, Corr. No. 52/1987, L.N. 258/1996, L.N. 314/1996, L.N. 22/2003, L.N. 6/2004.]

ARMED FORCES (RETIRED OFFICERS) REGULATIONS, 1985

ARRANGEMENT OF REGULATIONS

1.

Citation and commencement.
2.

Application.
3.

Retired officers grades.
4.

Appointments.
5.

Eligibility.
6.

Administration.
7.

Application for employment.
8.

Signing of official document.
9.

Contract.
10.

Retention in service.
11.

Termination of contract.
12.

Reserve liability.
13.

Service gratuity.
14.

Death in service.

SCHEDULE

KENYA DEFENCE FORCES (PENSIONS AND GRATUITIES) (OFFICERS AND SERVICE MEMBERS) REGULATIONS, 2017

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.
2.

Application.
3.

Interpretation.

PART II – POWER TO GRANT AND THE ASSESSMENT OF PENSIONS, GRATUITIES AND ALLOWANCES

4.

Power to grant pensions, gratuities and other allowances.
5.

Power to review pensions.
6.

Pensions, etc, not a right.
7.

Suspension of pension on employment by a foreign power.
8.

Pensions, etc., not assignable.
9.

Pensions where promotions, etc., reduces amount of award.
10.

Computation of pension.
11.

Gratuity where length of service does not qualify for pension.
12.

Pension to cease on death.
13.

Gratuity where officer or service member dies in service or after retirement or discharge.
14.

Death and Indemnity Benefit
15.

Pension to cease on bankruptcy.
16.

Pension may cease for subversive activities, etc.
17.

Pension may cease on conviction.
18.

Establishment of the Pensions Assessment Board.
19.

Duties and powers of the Board.
20.

Entitlement to disability pension.
21.

Degrees of disablement.
22.

Pensions for permanent disablement.
23.

Additional hardship allowance for permanent disablement.
24.

Basis of award for permanent disablement.
25.

Procedure where disablement is not permanent.
26.

Award for two or more disabilities.
27.

Supply of surgical appliances.
28.

Optional medical examination.
29.

Power to reduce award for misconduct.
30.

Power to review awards.
31.

Review of pensions.
32.

Suspension or withholding of pension.
33.

Cost of living allowance.
34.

Payment of pensions, etc.
35.

Award of pension or gratuity for insanity.
36.

Procedure as to claims.
37.

Nature of award in respect of death.
38.

Pensions Appeals Board.

PART III – OFFICER'S PENSIONS AND GRATUITIES

39.

Officer's service and disablement pensions.

PART IV – SERVICE MEMBER'S PENSIONS AND GRATUITIES

40.

Service member's service and disablement pensions.
41.

Service member's service gratuity.

PART V – MISCELLANEOUS

42.

Reduction of establishment and services.
43.

Administrative directions.
44.

Presumption of Death.
45.

Military Pensions Liaison Officer.
46.

Payment of pension and gratuity within 90 days.
47.

Revocation of L.N No. 61 of 1980.
48.

Savings.

SCHEDULE

KENYA DEFENCE FORCES (PENSIONS AND GRATUITIES) (OFFICERS AND SERVICE MEMBERS) REGULATIONS, 2017
[L.N. 237/2017.]
PART I — PRELIMINARY
1.
Citation

These Regulations may be cited as the Kenya Defence Forces (Pensions and Gratuities) (Officers and Service members) Regulations, 2017.
2.
Application

These Regulations shall apply to all claims arising after the 1st July, 1978, in respect of all officers and service members of the Kenya Defence Forces and the dependants of such officers and service members.
3.
Interpretation
(1)

In these Regulations, unless the context otherwise requires—

“Act” means the Kenya Defence Forces Act, 2012 (No. 25 of 2012);

"approved institutional treatment” means approved treatment in hospital or similar institution;

"approved treatment” means such medical, surgical or rehabilitative treatment as may be medically certified to be desirable in connection with any award payable under or by virtue of these Regulations;

"being on duty” means anytime during any twenty-four hour period that an officer or a service member is in the lawful service of the Kenya Defence Forces;

“Board" means the Pensions Assessment Board established by regulation 16;

“child” means a child of an officer or service member who is under the age of twenty-one years and who is a dependant and includes a posthumous child, a stepchild and an adopted child, and children shall be construed accordingly;

"death” includes presumption of death under section 245(3) of the Act or by an order of a court of competent jurisdiction;

“degree of disablement” means the percentage of disablement assessed in accordance with regulations 19 and 20;

“dependant” means a member of the family of an officer or service member or retired officer or discharged service members who before the death of such officer or service member or retirement of the officer or discharge of the service member was in receipt from him of regular and substantial support or benefit;

“disablement" means a physical or mental injury or damage, or the loss of physical or mental capacity;

“discharge" means, in the case of a service member, being relieved of military duties by the Commander or an officer authorized by him in that behalf;

“heir" means a person named by the deceased in his will as heir or joint heir, or if the deceased dies intestate, the person who is accepted as the heir by the community to which the deceased officer or service member belonged whether by any law for the time being in force or by the law or custom applicable to that community and includes any two or more persons who are accepted as joint heirs or the person declared as an heir by a competent court;

“Medical Board” means a board of medical officers appointed by the Pensions Assessment Board;

“medical officer” means any person who is registered as a medical practitioner under the Medical Practitioners and Dentists Act;

“medically certified” means certified by a medical officer or a medical board;

“military service” means service with the Armed Forces and Kenya Defence Forces and shall include for the period prior to 12th December, 1963, service in any of the British Armed Forces "month" means a calendar month, and broken periods at the beginning and the end of service shall be totalled and each complete thirty days shall be deemed to be one complete month;

“officer” means a person commissioned in any service of the Kenya Defence Forces;

"pay” includes the basic salary, additional pay and any entitlements which the Defence Council may, with the concurrence of the Treasury, specifically declare to be pensionable entitlements;

"pensionable emoluments” means the rate of pay including additional pay in issue to an officer or service member at the time of his retirement or discharge;

“resignation”, in the case of an officer, means leaving service in the Kenya Defence Forces in circumstances not amounting to dismissal from the Kenya Defence Forces or termination of commission;

“retirement”, in the case of an officer, means leaving service while holding a regular commission in the Kenya Defence Force—

compulsorily after attaining the specified age of his rank as laid down in the terms and conditions of service and being eligible by length of service to a pension in accordance with these Regulations;

(a)

voluntarily after serving for a period that makes him eligible by length of service to a pension in accordance with these Regulations;

“retired officer” means an officer who has retired from the Kenya Defence Forces;

“service member” means any member of a service of the Kenya Defence Forces who is not an officer;

“termination of commission” means terminating the commission of an officer pursuant to the provisions of section 251 of the Act;

“the Appeal Board” means the Pensions Appeal Board established under regulation 37;

“widow” includes a widower; and

“wife” includes, in the case of an officer or service member in whose religion or customs, polygamy is lawful, any person to whom the officer or service member is lawfully married in accordance with the tenets of the religion or customs, and in that case the amount of the pension, gratuity or other allowance to which a wife is eligible under these Regulations shall be divided equally among all the wives during the period in which there is more than one wife eligible therefore; and "widow" shall be construed accordingly.
(2)

For the purposes of assessing pension under these Regulations, qualifying service shall be ten years for officers and twelve years reckonable service for service members subject to the fulfilment of the requirements of regulation 38 in the case of officers and regulation 39 in the case of service members.
(3)

For the purposes of assessing pension and gratuity under these Regulations reckonable service shall be any paid service with the Kenya Defence Forces excluding therefrom—

(a)

all periods during which an officer or service member has been absent from duty by reason of imprisonment, desertion or absence without leave for a period exceeding seven days;
(b)

any period of service while the person was below the age of eighteen years; or
(c)

any periods ordered by a court-martial to be forfeited;
(d)

service preceding a five-year interval in the service unless specifically allowed by the Defence Council at the time service is resumed; except that where during the break in service the officer, or service member has been a member of the regular reserve and has been called out for periodical training as provided under Part XVI of, the period during which the officer or service member was on the regular reserve shall not be considered as an interval in the service for the purposes of deciding whether the previous service is admissible.
(4)

For the purpose of these Regulations, a disablement or death shall be deemed to be due to service if—

(a)

the disablement is due to wound, injury or disease—

(i) which is attributable to service; or
(ii) which existed before or arose during the service and has been and remains aggravated thereby;
(iii) in both cases the injury or wound shall not have been self-inflicted; and
(b)

the death was due to or hastened by—

(i) a wound, injury or disease which was attributable to service; or
(ii) the aggravation by service of a wound, injury or disease which existed before or arose during service.
(5)

For the purpose of these Regulations, where a commander issues a certificate of presumption of death in respect of any officer or service member or where declaration of presumption of death is made by a court of competent jurisdiction, the date on which the officer or service member is deemed to have died shall be the date stated in the certificate of presumption of death or declaration of presumption of death by the Court.
PART II — POWER TO GRANT AND THE ASSESSMENT OF PENSIONS, GRATUITIES AND ALLOWANCES
4.
Power to grant pensions etc.

Pensions, gratuities and other allowances may be granted by the Defence Council with the concurrence of the National Treasury in accordance with these Regulations to officers and service members of the Kenya Defence Forces and shall be a charge on the Consolidated Fund.
5.
Power to review pensions

The Defence Council may at any time review an award of pension made under these Regulations where it has been made in error or where, in the opinion of the Defence Council, it has been obtained by improper means and may on such review confirm, vary or cancel the award.
6.
Pensions, etc., not a right

No officer or service member shall have an absolute right to compensation for past services or to pension, gratuity or other allowance nor shall anything in these Regulations affect the right of the Defence Council to terminate the commission of any officer or the Commander to discharge or dismiss a service member at any time and without compensation. An officer or service member sentenced to dismissal by Court Martial or Commanding Officer shall not be entitled to pension, gratuity or other allowance.
7.
Suspension of pension on employment by a foreign power

If a retired officer or a discharged service member enters the service of a foreign power without the consent of the Defence Council, or he continues in such service after the consent previously granted is withdrawn, his service pension or other allowances granted under these Regulations may be suspended or withheld for such period as the Defence Council, with the concurrence of the National Treasury, may determine.
8.
Pensions. etc., not assignable

A pension, gratuity or allowance granted under these Regulations shall not be assignable or transferable except for the purpose of satisfying an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or child, of the officer or service member to whom the pension, gratuity or other allowance has been granted, and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim other than a debt due to the Government.
9.
Pensions where promotion, etc., reduces amount of award
(1)

Where a service member who has been promoted by being granted a commission retires or resigns and thereby becomes eligible for an award of pension which is smaller than what he would have been entitled to had he not been commissioned he may receive an award assessed as though he had retired or resigned from the service in the rank which he held before being granted the commission.
(2)

Where an officer or service member has held acting rank for a period of 90 days or more at the date of retirement, the pension granted to him shall be that applicable to such higher rank.
(3)

Where an officer or service member on promotion earns less pay than he earned in the previous rank, on retirement, computation for his pension will have regard to the higher pay earned in the previous rank.
10.
Computation of pension
(1)

Every pension granted to an officer or service member in accordance with these Regulations shall be assessed at the annual rate of one-four hundredth of his pay for each completed month of his reckonable service.
(2)

A pension payable to an officer or service member shall not be less than five thousand shillings per month:

Provided that a pension granted to an officer or service member under these regulations shall not exceed the highest pensionable emoluments drawn by him at any time in the course of his service in the Kenya Defence Forces.
(3)

Any officer or service member who is entitled to a pension under these Regulations which does not exceed two hundred and fifty pounds per annum may commute up to one-half of the annual pension at equivalent of twenty times the amount of the annual pension commuted.
(4)

Any officer or service member who is entitled to a pension under these Regulations which exceeds two hundred and fifty pounds per annum may commute up to one-quarter of that annual pension at the equivalent of twenty times the amount of the annual pension commuted.
(5)

The normal retirement date is the date when an officer or service member attains retirement age.
11.
Gratuity where length of service does not qualify for pension

Every officer or service member, otherwise qualified for a pension, who has not been in the service of the Kenya Defence Forces for ten years in the case of officers and twelve years in the case of service members, may be granted on retirement or discharge, as the case may be, a service gratuity not exceeding five times the annual amount of the pension which would have been granted to him had he served in the defence forces for a period of notless than ten years in the case of officers and twelve years in the case of service members worked out at an annual rate of one-four-hundredth of his pensionable emoluments for each completed month of his reckonable service.

12.
Pension to dependants of an officer or a service member
(1)

Subject to these regulations, in the case of the death of an officer or a service member or a retired officer or discharged service member there shall be continued to be paid a dependant's pension, in addition to the grant made under regulation 13, on the terms and subject to the conditions set out in paragraph (3), to the widow or widower or the children of the officer or service member for a period of five years next following the officer's or service member's death at the rate of the officer's or service member's pension on the date of his death.
(2)

Where a widow or a widower to whom a dependant's pension has been granted under this regulation dies or otherwise ceases to be entitled to a dependant's pension, the child or children who are entitled in accordance with the terms and conditions set out in paragraph (3), to a dependant's pension shall be entitled in accordance with these terms and conditions to receive the dependants' pension for the remainder of the period of 5 years from the date of the officer's or service member's death, which is still outstanding at the date when the widow or widower dies or otherwise ceases to be entitled to the dependants' pension.
(3)

For the purposes of paragraph (1) a dependant's pension under these regulations shall be paid on the following terms and subject to the following conditions—

(a)

where the deceased officer or service member leaves a widow or a widower whether or not he or she also leaves a child, for so long as he or she is alive and remains unmarried, be entitled to receive the whole of the dependants pension at the appropriate rate provided for under paragraph (1);
(b)

where the deceased officer or service member does not leave a widow or a widower, or within the period of five years during which the dependants' pension is payable under this regulation the deceased officer's or service member's widow or widower dies or remarries, any child of the deceased officer or service member who is entitled at the appropriate date to receive the dependants' pension shall be entitled to receive, and if more than one child, in equal shares, the dependants' pension at the appropriate rate provided for under paragraph (1);
(c)

a dependant's pension or a share thereof shall not be payable to a child who has attained the age of 21 years unless, and only during the time that the child is receiving full time education at university, college, school or other educational institution approved by the Board for the purposes of this regulation;
(d)

a dependant's pension or a share thereof granted to a female child under this regulation shall cease upon her marriage at any age;
(e)

in the event of a child ceasing to be entitled to a share of a dependant's pension, his or her share shall, from the date of the cessation, be divided equally between all other children then still entitled to receive the pension and if only one child remains entitled, the whole of dependants' pension shall be paid to him;

(f)

where the deceased officer or service member leaves more than one widow then the dependants' pension shall be shared equally among them and in the event of any one of them dying or otherwise ceasing under any of the provisions of this regulation to be entitled to a share of the dependants' pension, then the pension shall be paid to the child or shared equally among the children of the dead widow and in the case the dead widow leaves no child or children then the pension shall be paid to the remaining widow or shared equally among the remaining widows accordingly;
(g)

no dependants' pension or share thereof shall be payable at any time after the fifth anniversary of the officer's or service member's death;
(h)

the dependant's pension shall be paid irrespective of the cause or circumstances of the officer's or service member's death.
13.
Gratuity where officer or service member dies in service or after retirement or discharge
(1)

Where an officer or service member dies while still serving in the Kenya Defence Forces, the Defence Council, in consultation with the National Treasury, may grant to his dependants a death gratuity of an amount not exceeding twice his annual pensionable emoluments or his commuted pension or gratuity, whichever is the greater.
(2)

Where an officer or service member dies after his retirement or discharge, as the case may be, from the Kenya Defence Forces having been granted or having become eligible for a pension under these Regulations and the amount payable to him at the date of his death on account of such pension including any amount awarded by way of gratuity under regulation 11, but excluding any additional disablement pension awarded under regulation 21, is less in total than twice the amount of his annual pension, the Defence Council may grant a gratuity equal to the deficiency to his dependants.
(3)

The death gratuity payable to dependants under paragraphs (1) and (2) shall be paid irrespective of circumstances or cause of the officer's or service member's death.
14.
Death and Indemnity Benefit
(1)

Where an officer or service member dies while still serving in the Kenya Defence Forces, the Defence Council shall pay a death and indemnity benefit to a beneficiary to the widow or widower recorded in the officer's or service member's records or the designated next of kin where the officer or service member is unmarried, for a period of three consecutive months following the death of the officer or service member.
(2)

The death and indemnity benefit shall be equivalent to the officers or service member's salary net after statutory deductions.
(3)

The death and indemnity benefit shall not be deemed to be part of the estate of the deceased officer or service member.
15.
Pension to cease on bankruptcy
(1)

Subject to paragraph (3), where an officer or service member to whom a pension has been granted under these Regulations is adjudicated bankrupt or is declared insolvent by judgement of a competent court the pension shall cease as from the date of adjudication or declaration.
(2)

Where an officer or service member qualifies for a pension under these Regulations and is adjudicated bankrupt or is declared insolvent by a judgement of a competent court—

(a)

after qualifying, he may be granted a pension or gratuity, but the pension shall cease as at the date of adjudication or declaration, or the gratuity shall not become payable, as the case may be; or
(b)

before qualifying and at the date of qualifying he has not obtained his discharge from the bankruptcy or ceased to be insolvent, he may be granted a pension or gratuity, but the pension shall cease from the date of qualifying or the gratuity shall not become payable, as the case may be.
(3)

Where by virtue of paragraph (1) pension ceases to be payable or a gratuity fails to become payable to any person the Defence Council may, from time to time, during the remainder of that person's life or such shorter periods either continuous or discontinuous as the Defence Council, with the concurrence of the Treasury, thinks fit direct that all or any part of the money which the person would have been entitled to by way of pension or gratuity had he not become bankrupt or insolvent shall be paid or applied for the maintenance or benefit of that person and his wife, children or other dependants or any of them in such proportion and manner as it thinks proper or for the discharge of that person's debts and the money shall then be paid or applied accordingly.
(4)

Where a person whose pension has ceased or whose gratuity has failed to become payable by virtue of paragraph (2) obtains his discharge from the bankruptcy or ceases to beinsolvent the Defence Council may direct that his pension shall be restored from the date of such discharge or that he be paid any unpaid balance of his gratuity which has not been paid or applied, as the case may be, and his pension or gratuity shall then be paid accordingly.

16.
Pension may cease for subversive activities, etc

Where the Defence Council is satisfied that an officer or service member to whom a pension has been granted under these Regulations—

(a)

has shown himself by act or speech to be disloyal or disaffected towards the Republic of Kenya;
(b)

has during any war in which the Republic of Kenya is engaged, unlawfully traded or communicated with the enemy or been engaged in or associated with any business that was to his knowledge carried on in such manner as to assist an enemy during war;
(c)

has failed to fulfil his commitments concerning the reserve;
(d)

has committed any criminal offence for which he is convicted and sentenced to a term of imprisonment; or
(e)

has engaged in activities which are subversive within the meaning of Chapter VII of the Penal Code (Cap. 63),

it may direct that the pension granted to the officer or service member shall cease from a specified date:

Provided that the Defence Council, with the concurrence of the National Treasury, may in its discretion at any time divert the whole or part of the pension to or for the benefit of his wife or husband, children or other dependants and may at any time after his pardon or release from prison restore the pension.
17.
Pension may cease on conviction
(1)

Where an officer or service member to whom pension, gratuity or other allowance has been granted under these regulations is sentenced to a term of imprisonment by a competent court for any criminal offence, such pension, gratuity or allowance shall cease if the Defence Council so directs with effect from such date as the Defence Council shall determine.
(2)

Where after retirement an officer or service member is sentenced to a term of imprisonment by a competent court for any criminal offence and in the circumstances in which he is eligible for pension, gratuity or some other allowance under these regulations, but before that pension, gratuity or some other allowance is granted then—

(a)

paragraph (1) shall apply in respect of any pension, gratuity or allowance which may be granted to him; and
(b)

the Defence Council may direct that any pension, gratuity or allowance which should have been paid to such an officer be not paid.
(3)

Where pension, gratuity or any other allowance ceases by reason of this regulation, it shall be lawful for the Defence Council to direct all or any part of the money to which such officer or service member was entitled by way of pension, gratuity or any other allowance to be paid or applied in the same manner in all respects as provided for in these regulations and such money shall be paid and applied accordingly.
(4)

Where an officer or service member whose pension, gratuity or any other allowance has ceased under this regulation, subsequently receives pardon from the President his pension, gratuity or other allowance shall be restored to him retrospectively.
18.
Establishment of the Pensions Assessment Board
(1)

There is hereby established a Board, to be known as the Pensions Assessment Board, which shall consist of—

(a)

two retired senior military officers one of whom shall be the chairperson, appointed by the Defence Council;
(b)

a civilian public officer qualified on matters relating to human resources appointed by the Defence Council;
(c)

a legal officer appointed by the Defence Council; and
(d)

a civilian medical practitioner appointed by the Defence Council on the recommendation of the Director of Medical Services.
(2)

The members of the Board shall hold office for a period of three years renewal from the date of appointment.
(3)

The Defence Council shall on the recommendation of the Director of Pensions appoint a public officer to be the secretary to the Board.
(4)

The Chairperson shall preside over all meetings of the Board and in the absence of the Chairperson, the other members present at the meeting shall appoint one of the members to act as Chairperson for the purpose of that meeting.
(5)

The quorum for a meeting of the Board shall be three members and the Secretary.
(6)

Subject to the provisions of these Regulations and to any direction issued by the Defence Council under these Regulations, the Tribunal shall regulate its own procedure.
19.
Duties and powers of the Board
(1)

Where an officer or service member suffers disablement as a result of a wound, injury or disease, the Board shall—

(a)

shall determine whether the wound, injury or disease was due to, hastened by or aggravated by his service; or
(b)

in the case of disability, assess the degree thereof,

and may award pension for permanent disablement and additional hardship allowance in accordance with regulations 21 and 22.
(2)

In the exercise of its powers and duties under these Regulations the Board may appoint a service medical officer or board of service medical officers—

(a)

to advise on any claim; or
(b)

to carry out any medical examination which is required to be carried out by or under these Regulations or which, in the opinion of the Board, should be carried out in order to enable the Board to assess the entitlement or the degree of disablement of any officer or service member for any other reason which the Board considers sufficient.
(3)

Where in these Regulations a power is conferred upon the Board to review and revise any pension, gratuity or allowance, such power shall include the power to review and revise any pension or allowance awarded under the provisions of any of the regulations repealed by these Regulations (hereinafter referred to as the "repealed Regulations") except that the Board shall not revise such award if the effect of such revision would be to decrease the amount previously awarded.
(4)

The Board shall keep a record of all the awards made and shall—

(a)

furnish a copy thereof to the Chief of the Kenya Defence Forces; and
(b)

inform every person in respect of whom an award has been made of the terms of the award and the procedure to be followed in order to obtain payment.
20.
Entitlement to disability pension
(1)

The disablement of an officer or service member or retired officer or discharged service member shall be accepted as due to service for the purpose of these Regulations if—

(a)

the disablement is due to a wound, injury or disease which was inflicted or caused while on duty; or
(b)

it arose during service or has been aggravated by service.
(2)

For the purpose of these regulations every officer and service member shall, unless the contrary is proved, be deemed to have been medically fit and not suffering from anywound, injury or disease at the effective date of his commissioning or enlistment, as the case may be.

(3)

Where a wound, injury or disease which has led to an officer's or service member's retirement or discharge during service was not recorded in any medical report made on the officer or service member at the commencement of his service, such wound, injury or disease shall be accepted as being due to service unless the evidence shows that the conditions set out in paragraph (1) are not fulfilled.
(4)

Where after the expiration of the period of seven years from the retirement of an officer or discharge of a service member, a claim is made in respect of his disablement, such disablement shall be accepted as due to service if—

(a)

in the case of disablement the Board is satisfied that the conditions set out in paragraph (1) are applicable and fulfilled; and
(b)

in the case of death the retired officer or discharged service member was at the time of his death, or had at any time previously thereto been, in receipt of a pension or temporary allowance awarded by the Board in respect of the wound, injury or disease which was the cause of or substantially hastened his death and the Board is satisfied that the conditions set out in paragraph (1) are applicable and fulfilled.
(5)

Where upon reliable evidence a reasonable doubt exists as to whether in respect of a claim under paragraph (3) the conditions set out in paragraph (1) are fulfilled, the benefit of that reasonable doubt shall be given to the claimant, and where there is no note in contemporary official records of a material fact on which the claim is based, other reliable corroborative evidence of that fact may be accepted.
(6)

Where a wound, injury or disease which has led to an officer's or service member's death during his service was not recorded in any medical report made at the commencement of his service, the wound, injury or disease shall be accepted as being due to service unless the evidence shows that the conditions in paragraph (1) (a) and (b) are not fulfilled.
(7)

Where after the expiration of a period of seven years from the retirement of an officer or discharge of a service member, a claim is made in respect of his death (being death occurring after the expiration of that period), such death shall be accepted as being due to service if at the time of his death or anytime previous thereto the officer or service member had been in receipt of a pension or temporary allowance awarded by the Board in respect of the wound, injury or disease which was the cause of or substantially hastened his death and the Board is satisfied that the death is due to service.
21.
Degrees of disablement
(1)

The degree of disablement to be assessed by the Board shall be the measure of disablement which is considered to have been suffered by an officer or service member or retired officer or discharged service member by a comparison of his current condition with the condition of a healthy able-bodied person of the same age without taking into account—

(a)

his earning capacity in his disabled condition in his own or in any other specific trade or occupation, and
(b)

the effect of any individual factors or extraneous circumstances.
(2)

The degree of disablement shall be expressed as a percentage (100 per cent representing total disablement) in any one of the following classifications—

(a)

100 per cent;
(b)

less than 100 per cent but not less than 80 per cent;
(c)

less than 80 per cent but not less than 60 per cent;
(d)

less than 60 per cent but not less than 40 per cent;
(e)

less than 40 per cent but not less than 20 per cent;
(f)

less than 20 per cent but not less than 11 per cent;
(g)

10 per cent and under.
(3)

In the case of disablement suffered by reason of two or more disabilities attributable to service the degrees of disablement shall be determined with reference to the combined disablement from the disabilities together, but it shall not exceed 100 per cent.
(4)

The degree of disablement for specified injuries and certain other disabilities shall be assessed in accordance with the Schedule.
22.
Pensions for Permanent disablement
(1)

Subject to the provisions of regulation 20, in the case of the permanent disablement of a retired officer or discharged service member the Board shall award, in addition to the gratuity or pension provided for under these Regulation, pension in accordance with the following table—

MONTHLY RATES OF PENSIONS AND ALLOWANCES FOR DISABLEMENT

Degree of disablement

.

1%-9%

10%- 19%

20%-39%

40%-79%

80%-100%

Rates of pensions and allowances

"Lumpsum" 2 months' pay

"Lumpsum" months' pay

25% of monthly pay as at the date of retirement

35% of monthly Pay as at the date of retirement

50% of monthly pay as at the date of retirement

(2)

An award of pension under this regulation shall, where temporary allowances have been granted under these Regulations, be made to take effect after the cessation of the payment of such temporary allowances, and where no temporary allowances has been granted such award shall, except where the Board otherwise directs, be made to take effect—

(a)

in the case of a retired officer or discharged service member, where the application for the award was made prior to his retirement or discharge, from the day following the date of his retirement or discharge; or
(b)

in any other case, from the date on which the application for the award was made or on such other date as the Board may determine.
23.
Additional hardship allowance for permanent disablement
(1)

Where a pension has been awarded under these Regulations based on a degree of disablement, and in the opinion of the Board there are conditions of exceptional hardship, the Board may award an additional allowance of an amount not exceeding fifty per cent of the pension.
(2)

An additional pension allowance under paragraph (1) may be of either a temporary or permanent nature as the Board may determine.
(3)

Where the allowance is made on a temporary basis, it shall be reviewed and may be varied or terminated, at such time or times as the Board may direct.
24.
Basis of award for permanent disablement
(1)

Every award under these Regulations shall be made on the degree of disablement assessed by the Board at the time it accepts the disablement as permanent, except that the Board may at any time make a final assessment of the degree of disablement and if, at the expiration of seven years from the date of retirement or from the date on which the retired officer or discharged service member was first notified of the award, whichever is the later, the Board has not made such final assessment, it shall thereupon do so having regard to all the circumstances of the case.
(2)

Nothing in this regulation shall be read as precluding a review of a final assessment in accordance with these Regulations.
25.
Procedure where disablement is not permanent
(1)

Where the Board has reason to believe that the disablement accepted as being due to service may not be permanent, and the degree of disablement is assessed at less than 20 per cent, but the Board considers that the disablement or the degree of disablement accepted as due to service is likely to persist for more than one year from the date of retirement or from the date of application, as the case may be, it may in its discretion award a gratuity equal to one-half of the disablement gratuity appropriate to the degree of disablement then found in accordance with these Regulations which shall be deducted from any award which may be made later should the Board accept the disablement as permanent.
(2)

Where—

(a)

the Board has reason to believe that the disablement or the degree of disablement accepted as being due to service may not be permanent;
(b)

in the case of a disablement accepted as permanent, in the opinion of the Board and on the medical evidence there is likely to be a material and early decrease in the degree of disablement; or
(c)

in either case, the degree of disablement is assessed as 20 per cent or over,

the Board may award a temporary allowance which shall be at the appropriate rate set out in these Regulations, which allowance may be reviewed and reassessed after medical examination at a date to be recorded in the proceedings of the Board and which medical examination shall be carried out at such time and place as the Board may direct.
(3)

The Board shall have power to direct that the medical examination referred to in sub regulation (2) be done by service medical officers.
(4)

Where a retired officer has been awarded a temporary allowance under paragraph (2) and there has been no material decrease in the degree of his disablement during the period of two years from the date of his retirement or from the date on which he was notified of the award of such temporary allowance, whichever is the later, during which time he has received adequate medical treatment, the Board may in its discretion make an award of a gratuity equal to one-half of the disablement gratuity appropriate to the degree of disablement than that found in accordance with regulation 19, which award shall be deducted from any award of gratuity made thereafter, should the Board accept the disablement as permanent, but the retired officer or discharged service member shall be required to make any refund if the amount of the final gratuity is less than the award made by the Board under this paragraph.
(5)

Where the Board has reason to believe that an increase in the degree of disablement of a retired officer or discharged service member to whom an award of a pension has been made after a final assessment under these regulations may not be permanent, it may award a temporary allowance, in addition to the pension, of an amount that will bring the combined awards up to the rate appropriate to the increased degree of disablement, and such temporary allowance shall be reviewed and reassessed from time to time after medical examination as the Board may direct, and may be reduced, increased, terminated or made permanent as the Board, having regard to the circumstances, may decide.
26.
Award for two or more disabilities
(1)

Where an award is to be made in respect of disablement suffered by reason of two or more disabilities, not all of which are accepted as permanent, and the permanent disability or disabilities is as set out in the Schedule, the Board shall, subject to the provisions of these Regulations, award the appropriate gratuity immediately, notwithstanding that the award made in respect of the combined disablement from the disabilities together may be temporary.
(2)

Where the disability or disabilities referred to in sub-regulation (1) and which are not accepted as permanent are subsequently so accepted or disappear, and when a final assessment is made and a pension awarded, then the amount of gratuity appropriate on assessment of the combined disablement may be awarded.
27.
Supply of surgical appliances

In cases where it is medically certified that the disablement in respect of which an award has been made under these Regulations renders surgical appliances necessary the Board may order that such appliances be supplied free of charge.
28.
Optional medical examination

Any retired officer or discharged service member who has been awarded a pension under these Regulations other than on an interim basis may at his own request be medically examined by a service medical officer or a board of service medical officers appointed by the Board, once in every year, at such time and place as the Board may consider appropriate.
29.
Power to reduce award for misconduct
(1)

Where a retired officer or discharged service member who has been awarded a pension whether on an interim or other basis, for any reason neglects or refuses to be medically examined as required by the Board under these Regulations, the Board may, if it considers that such neglect or refusal is unreasonable, reduce the pension as it thinks fit, and the amount so reduced shall not be restored until the retired officer or discharged service member has been medically examined or until the Board is satisfied that the neglect or refusal was not or is no longer unreasonable.
(2)

Where a retired officer or discharged service member who has been awarded a temporary allowance neglects or refuses to present himself for medical examination as required under these Regulations, the Board may, if it considers the neglect or refusal unreasonable, suspend the award until he so presents himself, and in so doing it shall be for the Board to determine, having regard to the circumstances, from what date the restoration (if any) of the award shall take effect.
(3)

Where it is medically certified that a retired officer or discharged service member should receive approved treatment or approved institutional treatment, and such retired officer or discharged service member, having been so informed, refuses or neglects to receive such treatment, the Board may, if it considers the refusal or neglect unreasonable, reduce the gratuity, pension or temporary allowance in respect of such retired officer's or discharged service member's disablement by such amount, not exceeding one-half, as the Board may think fit.
(4)

For the purpose of paragraph (3), any misconduct on the part of a retired officer or discharged service member which in the opinion of the Board, prevents the treatment from being given or counteracts its effects may be considered as a refusal by such retired officer or discharged service member to receive the treatment.
(5)

Where the Board is satisfied that the death or disablement in respect of which a claim is made is attributable to negligence or misconduct on the part of the retired officer or discharged service member concerned, it may refuse to award a pension, gratuity or allowance, either in whole or in part.
(6)

Where third party compensation is paid by or on behalf of a person alleged to be responsible for any act, omission or circumstances which caused the injury or death of an officer or service member or a retired officer or discharged service member the Board may reduce any pension, gratuity or allowances to be awarded under these Regulations by such amount as the Board may, in all the circumstances of the case, consider appropriate.
30.
Power to review awards

The Board may at any time review an award made under these Regulations where it has been made in error or where, in the opinion of the Board, it has been obtained by improper means, and on any such review the Board may confirm, vary or cancel the award or may substitute another award.
31.
Review of pensions

Pensions and gratuities shall be kept under review from time to time but in any event within a maximum interval of four years by the Defence Council in consultation with the National Treasury and on the advice of the Salaries and Remuneration Commission.
32.
Suspension or withholding of pensions
(1)

The Defence Council shall have the power to suspend or withhold pensions or gratuities either wholly or in part as the case may be, and subject to any other regulations made under this Act or generally relating to pensions.
(2)

In exceptional cases payment of part or the whole of suspended pensions, gratuity or any other allowance, may with the consent of the Treasury be made by the Defence Council to or for the benefit of the wife or other dependant of the officer or service member.
33.
Cost of living allowance

Every award of a pension or temporary allowance made by the Board under these Regulations shall be subject to such increase by the addition of a cost of living allowance as the Government may from time to time, by order published in the Gazette, provide.
34.
Payment of pensions, etc.
(1)

Subject to the provisions of these Regulations the Principal Secretary to the Treasury shall pay all pensions, allowances, gratuities and other charges payable under or by virtue of these Regulations, including such travelling and other expenses as may be certified under these Regulations.
(2)

Every pension payable under or by virtue of these Regulations shall be payable monthly in arrears.
(3)

Every temporary allowance payable under or by virtue of these Regulations shall be payable in arrears, at intervals not less frequent than once in every month for such length of time as may be determined by the Board.
35.
Award of pension or gratuity for insanity

An officer or service member who is pronounced by a medical board to be mentally unfit and has at least ten years' service in the case of officers and twelve years of reckonable service in the case of service members, may be granted a service pension and where the remaining period is less than ten years in the case of officers and less than twelve years' reckonable service in the case of service members, he may be granted a gratuity.
36.
Procedure as to claims

All claims for pensions, allowances or gratuities under these Regulations shall be submitted to the Board, which shall, on receipt thereof, obtain from the appropriate service authorities—

(a)

full particulars of the officer or service member in respect of whom the claim is made, including all such particulars regarding his service as may be relevant to the claim;
(b)

the medical history of the officer or service member and a copy of the proceedings and findings of the medical board with regard to him;
(c)

a copy of the proceedings of any court of inquiry into the cause of the accident, injury or death giving rise to the claim, and where the claim is based on the death of an officer or service member—

(i) a certificate of death signed by a medical officer; and
(ii) unless unobtainable a declaration of death, signed by a responsible service authority; or
(iii) where the claim is based on presumed death, a certificate of presumption of death or a declaration of presumption of death made by a court of competent jurisdiction, as the case may be; and
(d)

the names, addresses and particulars of—

(i) the officer's or service member's dependants and the degree of their dependency on him; and
(ii) the officer's or service member's heir; or
(iii) where there is a will, particulars of the executor named in the will.
37.
Nature of award in respect of death
(1)

In the case of the death of an officer or service member or retired officer or discharged service member (in this regulation referred to as the "deceased") the Board may, as from the day next following the death of the deceased, award—

(a)

where the deceased leaves a widow or widower, a pension to him or her at the rate not exceeding one-third of the deceased's rate of pay as at the date of his death or retirement and if there is more than one widow, the pension shall be divided equally between them;
(b)

if in addition to the widow or widower, the deceased leaves a child or children, a pension in respect of each child until such child attains the age of twenty-one years, of an amount not exceeding one quarter of the pension awarded to the widow;
(c)

where the deceased leaves no widow or widower but leaves a child or children, or if the pension payable to the widow or widower ceases, or if no pension is payable to the widow or widower, the pension payable to each of the children under subparagraph (b) shall be doubled from the date following the date of the death of the deceased or from the date on which the pension payable to the widow or widower ceases, as the case may be,

Provided that—

(i) a pension to a child under subparagraph (b) shall cease upon the marriage of such child;
(ii) where any widow who is in receipt of a pension under subparagraph (a) and who has under her charge a child or children in receipt of a pension under this subparagraph dies or otherwise ceases to be entitled to a pension the Board may in its discretion continue to pay the pension or any part of it to an approved guardian, provided that it is applied towards the maintenance and education of the child or children to the satisfaction of the Board.
(2)

Where any widow or widower to whom a pension has been awarded under this regulation remarries, or cohabits with any person as his wife or as her husband, the Board shall, if there is no child of the deceased under his or her charge, cease payment of the pension from the date next following such remarriage or cohabitation upon confirmation of the same, but if the widow or widower has under his or her charge such child or children of the deceased the Board may continue to pay the pension or any part thereof to the widow or widower or in the event of his or her death to an approved guardian on the conditions set out in paragraph (1)(b).
(3)

Where any child is in receipt of a pension under paragraph (1) (b) and is under the charge of the widow or widower of the deceased the pension shall be paid to the widow or widower provided that it is applied towards the maintenance and education of the child to the satisfaction of the Board.
(4)

Where there is no widow or widower, or if the widow or widower abandons any child of the deceased, the Board may in its discretion continue to pay the pension or any part thereof to which the child may be entitled under paragraph (1) (b) to an approved guardian provided it is applied towards the maintenance and education of the child to the satisfaction of the Board.
(5)

Where the pension of a childless widow or widower has been terminated in accordance with the provisions of paragraph (2) or has ceased on her death the Board mayin its discretion after consultation with the County Commissioner of the County in which the deceased resided award to any needy dependant of the deceased as a gratuity, the total amount of the pension for six months that would be awarded to the widow, and such gratuity shall be distributed at the discretion of the Board.

(6)

Where the deceased leaves neither a widow or widower nor children, the Board may in its discretion, award a gratuity to any surviving parents, brothers and sisters of the deceased of an amount not exceeding the pension for six months that would be awarded to the widow or widower and such gratuity shall be distributed at the discretion of the Board.
(7)

Where the deceased leaves neither a widow or widower, children nor dependants, the Board shall award to the heir of the deceased a gratuity not exceeding the deceased's pay for one month as at the date of his death or retirement.
(8)

No widow or widower shall be entitled to an award under this regulation unless his or her marriage to the deceased was recognized by any law for the time being in force or by the law or custom of the community to which the deceased belonged.
(9)

A gratuity awarded under paragraph (7) shall be in full and final settlement.
38.
Pensions Appeal Board
(1)

There is hereby established an Appeals Board to be known as the Pensions Appeal Board which shall consist of—

(a)

a chairperson who shall be a retired general officer appointed by the Defence Council;
(b)

a medical officer appointed by the Defence Council on the recommendations of the Director of Medical Services; and
(c)

three other persons appointed by the Defence Council, one of whom shall be a legal officer,

and none of whom may also be a member of the Pensions Assessment Board established under regulation 18.
(2)

The chairperson, the secretary and two other members shall constitute quorum for any meeting of the Appeals Board.
(3)

The members of the Appeals Board appointed under paragraph (1) shall hold office for a period of three years.
(4)

Subject to the provisions of these Regulations and to any direction issued by the Defence Council under these Regulations, the Appeals Board shall regulate its own procedure.
(5)

There shall be a secretary who shall be a public officer to be appointed by the Defence Council on the recommendation of the Director of Pensions.
(6)

An appeal shall lie to the Appeals Board against any decision of the Board established under these Regulations affecting—

(a)

an entitlement to pension, gratuity or allowance under these Regulations;
(b)

the degree of disablement under these Regulations where—

(i) final assessment and award of a disablement pension or gratuity or both, has been made; or
(ii) a disablement pension awarded on an interim basis, or a temporary allowance, has been terminated by the Appeals Board on the ground either that there is now no disablement due to or aggravated by service or that disablement still persisting is under 20 per cent;
(c)

the suspension of a temporary allowance under regulation 32; or
(d)

the reduction of or refusal to make an award, under these regulations, and against any decision of the Board on review.
(7)

Every appeal under this regulation shall be brought within twelve months from the date on which the decision of the Board is notified to the claimant except that the AppealsBoard may allow an appeal to be brought after the expiration of the period limited by this paragraph if in the opinion of the Board there was reasonable excuse for delay.

(8)

Notice of the time, date and place of hearing of an appeal shall be given to the appellant provided that where the Appeals Board is satisfied that an appellant cannot be traced it shall be sufficient if such notice shall have been sent to him by registered post to his last known address or place at which he was last known to reside.
(9)

Every appellant shall have the right of appearing before the Appeals Board in person or by a legal representative and should an appellant fail to appear, either in person or by a legal representative, at the time and at the date and place notified to him for the hearing of the appeal, the Appeals Board may, in the absence of any satisfactory explanation, proceed to determine the appeal.
(10)

The Appeals Board shall have power to vary the amount of any award made by the Board, either by increasing or decreasing the award, but except in an appeal against such a decision the Appeals Board shall not make an award where no award has been made by the Board.
(11)

The Appeals Board shall have power to call for any document relating to the appellant's service from the appropriate service authority, and to order the appellant to undergo a medical examination by a medical officer to be appointed by the Appeals Board in any particular case and may certify to the Principal Secretary to the National Treasury any reasonable travelling and other expenses which have been incurred by any person appearing, with the permission and in accordance with the instructions of the Appeals Board or before any medical examination of such person under the provisions of this paragraph.
(12)

The decision of the Appeals Board upon an appeal made under this Regulation shall be final.
PART III — OFFICER'S PENSIONS AND GRATUITIES
39.
Officer's service and disablement pensions
(1)

An officer who is—

(a)

retired or allowed to retire on or after reaching the normal age of retirement as laid down in the terms and conditions of service in the Defence Forces drawn under the provisions of the Act; or
(b)

retired compulsorily before reaching the age of retirement because it has been decided that further employment is not available for him, may, provided that he has completed at least ten years reckonable service, be granted on retirement a service pension in accordance with these Regulations.
(2)

Every officer otherwise eligible for pension who has not completed ten years' reckonable service may be granted on retirement a gratuity in accordance with regulation 11.
(3)

An officer who is removed from service in the Defence Forces for misconduct or whose services are terminated pursuant to section 251 of the Act, and who has at least ten years reckonable service may be granted a pension at such rate as the Defence Council may determine, not exceeding ninety per cent of the sum which would have been granted to him under paragraph (1) had he retired in normal circumstances.
(4)

Notwithstanding any other regulation, an officer who has suffered disablement as a result of a wound, injury or disease may, if his retirement is necessitated or materially accelerated by the wound, injury or disease before completing ten years' reckonable service, be granted, in lieu of a gratuity under paragraph (2), a pension under paragraph (1).
(5)

A gratuity may be granted in accordance with regulation 11 to an officer who is ineligible for a service pension when retired for the following reasons—

(a)

on reduction of the establishment; or
(b)

if for any reason his services are no longer required.
PART IV — SERVICE MEMBER'S PENSIONS AND GRATUITIES
40.
Service member's service and disablement pensions
(1)

A service member who is—

(a)

discharged on or after the completion of colour service; or
(b)

discharged compulsorily having regard to the usefulness of such service member in the Kenya Defence Forces and the circumstances of the case,

may, provided that he has completed twenty one year's reckonable service, be granted a service pension in accordance with the provisions of these Regulations.
(2)

A service member who is discharged for inefficiency, or misconduct or any other cause within his control but not amounting to gross misconduct and who has completed at least twelve years' reckonable service may be granted a service pension at such rate as the Defence Council may determine, not exceeding ninety per cent of the sum which would have been granted under paragraph (1) had he applied for his discharge.
(3)

A service member who is pronounced by a medical board to be mentally or physically unfit may be granted a pension provided it is not connected to the service, and provided he has completed at least twelve years' reckonable service and the mental or physical unfitness is not connected to the service.
(4)

Notwithstanding any other regulation, a service member who has suffered disablement as a result of a wound, injury or disease due to, hastened by or aggravated by his service may, if his retirement is necessitated or materially accelerated by his service and has not completed more than twelve years' reckonable service, be granted in lieu of a gratuity, a pension under paragraph (1).
41.
Service member's service gratuities
(1)

A gratuity in accordance with the provisions of regulation 11 may be granted to—

(a)

a service member who is transferred to the reserve or discharged before or after the completion of his colour service without being granted a service pension; or
(b)

a service member who is discharged under paragraphs (d), (e), (f) and (g) of section 255 of the Act, provided that he has completed at least one year's reckonable service.
(2)

A gratuity of thirty per cent of the amount that would have been granted under sub-regulation (1) may be granted at the discretion of the Defence Council to a service member discharged for inefficiency or unsuitability due to causes not within his control.
PART V — MISCELLANEOUS
42.
Reduction of establishment and services
(1)

An officer or service member retired or discharged from the service when eligible for pension in consequence of the abolition of his office or for the purpose of facilitating improvement in the Defence Forces by which a greater efficiency or economy may be effected, may be granted an additional pension of one-sixtieth of his annual pension for each period of three years' reckonable service:

Provided that such additional pension shall not exceed ten sixtieth of such annual pension.
(2)

When an officer or a service member who is in receipt of a pension is recalled for service with the Defence Forces, he shall be entitled to his full pension notwithstanding that he is in receipt of any other pay.
(3)

When an officer or service member who was previously retired or discharged with a pension is re-commissioned or re-enlisted, as the case may be, his pension shall cease from the date on which his further service commences, and he shall either repay both his pension and gratuity already received or have it deducted from the pension he would finallybe entitled to so as to allow his previous service to count towards his pension when he finally retires.

43.
Administrative directions

The Defence Council may from time to time issue such directions, not inconsistent with the provisions of these Regulations, as it may consider necessary for the administration of these Regulations, and without prejudice to the generality of the foregoing such direction may make provisions for—

(a)

the registration of pensions, allowances and gratuities awarded;
(b)

the issue of pension certificates;
(c)

the notification to the person entitled thereto of the amounts of the pensions, allowances and gratuities awarded;
(d)

the procedure to be followed in drawing pensions, allowances and gratuities;
(e)

the procedure to be followed in the hearing of an appeal by the Appeals Board.
44.
Presumption of Death

A declaration of presumption of death by a Service Commander shall be done in accordance with regulations 5 and 6 of Kenya Defence Forces (Missing Persons) Regulations, 2017.
45.
Military pensions liaison officer

The Defence Council shall appoint an officer to serve as the Military Pensions Liaison Officer, who shall liaise with the National Treasury on pension matters.
46.
Payment of pension and gratuity within 90 days

Any pension or gratuity awarded under these Regulations shall be paid within 90 days from the date of retirement or 90 days from the date of the death of an officer or service member except where such payment is delayed by legal proceedings.
47.
Revocation of L.N. No. 61 of 1980

The Armed Forces (Pensions and Gratuities) (Officers and Service Members) Regulations, 1980 (L.N. 61/1980) are revoked.
48.
Savings

Notwithstanding regulation 47, an officer or service member or retired officer or discharged service member entitled to a pension, gratuity or allowance under the Armed Forces (Pensions and Gratuities) (Officers and Service members) Regulations, 1980 (L.N. 61/1980) (now revoked) shall be deemed to be entitled to pension, gratuity or allowance under these Regulations.

SCHEDULE
[Regulation 20(4).]
Assessment of Disablement Due to Specific Injuries and Certain Other Disablement

Part – A

Amputation

Description of Injury

Assessment per cent

Amputation Cases - Upper Limbs

1.

Loss of both hands or amputation at higher sites .................................................. 100
2.

Amputation through shoulder joint .......................................................................... 90
3.

Amputation below shoulder with stump less than eight inches from tip of acromion ................................................................................................................ 80
4.

Amputation from eight inches from tip to acromion to less than four and a half inches below tip of olecranon ........................................................................................... 70
5.

Amputation from four and a half inches below tip of olecranon ................................ 60
6.

Loss of thumb ........................................................................................................ 30
7.

Loss of thumb and its metacarpal bone ................................................................ 40
8.

Loss of four fingers ................................................................................................ 50
9.

Loss of three fingers .............................................................................................. 30
10.

Loss of two fingers ................................................................................................. 20
11.

Loss of terminal phalanx of thumb ........................................................................ 20

Amputation Cases - Lower Limbs

12.

Double amputation through thigh or through thigh on one side and loss of other foot or double amputation below thigh to five inches below knee .................................... 100
13.

Double amputation through leg lower than five inches below knee .....................................................................................................................100
14.

Amputation of one leg lower than five inches below knee and loss of other foot ...................................................................................................................... 100
15.

Amputation of both feet resulting in end-bearing stumps ...................................... 90
16.

Amputation through both feet proximal to the metatarso-phalangeal joint ....................................................................................................................... 80
17.

Loss of all toes of both foot through the metatarso-phalangeal joint ................... 70
18.

Loss of all toes of both foot proximal to the proximal interphalangeal joint ........... 30
19.

Loss of all toes of both feet distal to the proximal interphalangeal joint ........................................................................................................................ 20
20.

Amputation through hip joint .................................................................................. 90
21.

Amputation below hip with stump not exceeding five inches in length measured from tip of great trochanter .............................................................................................. 80
22.

Amputation below hip with stump exceeding five inches in length measured from tip of great trochanter, but not beyond middle thigh .................................................... 70
23.

Amputation below middle thigh to three and a half inches below knee ................. 60
24.

Amputation below knee with stump exceeding three and a half inches but not exceeding five inches ............................................................................................. 50
25.

Amputation below knee with stump exceeding five inches ................................... 40
26.

Amputation of one foot resulting in end-bearing stump ......................................... 30
27.

Amputation through one foot proximal to the metatarso-phalangeal joint ............. 20
28.

Loss of all toes of one foot proximal to the proximal interphalaugeal joint, including amputation through the metatarso-phalangeal joint .............................................. 20

Part – B

Other Specific Injuries

29.

Loss of a hand and a foot ..................................................................................... 100
30.

Loss of one eye, without complications, the other being normal ............................. 40
31.

Loss of vision of one eye, without complications, or disfigurement of the eye-ball the other being normal ............................................................................................... 30
32.

Loss of sight .........................................................................................................100
33.

Accidental loss of natural teeth, without prior replacement thereof at public expense ....................... 1% for loss of each natural tooth up to a maximum of 32%
34.

Loss of natural teeth (not being less than 10 teeth) due to natural disease(s) and not replaced already at public expenses ..................... 10% for the loss of the first 10 teeth, 10% for the next 10 and 12% for the remainder, whether the losses have occurred simultaneously or over a period of time.
35.

Loss or impairment of one testes or an ovary ...................................................... 25
36.

Loss or impairment of both testes or both ovaries ............................................... 50
37.

Loss or impairment of penis ................................................................. upto ......100
38.

loss of one Iip ............................................................................................. upto...40
39.

Loss of both lips .......................................................................................... upto...80
40.

Loss of the tongue ..................................................................................... upto 100
41.

Loss of the external part of the nose ............................................................ upto 60
42.

Loss of a Pinna .......................................................................................... upto....30
43.

Loss of both pinnae .................................................................................... upto...60
44.

Permanent loss of sense of smell ......................................................................... 50
45.

Permanent loss of taste......................................................................................... 50
46.

Severe disfiguring soft tissue injuries to any part of the body (excluding severe facial disfigurement), extensive scaring or loss of skin or hair due to an accident in the nature of severe scalding, burning by fire, corrosion by acid and the like ...... upto 40
47.

Loss of or severe damage to any other organ (not otherwise specified in this schedule and where the loss or damage does not amount to end – organ failure) upto ....................................................................................................................... 50

The losses or damage caused to or suffered by the organs falling under this part are those which are total and permanent in relation to the normal functioning of the organ concerned.

Part – C

Other Disablement

48.

Very severe facial disfigurement ........................................................................... 100
49.

Absolute deafness ................................................................................................100
50.

Ankylosis of any joint .................. 25-100% depending on the degree of incapacity suffered for loss of use of the joint or part thereof according to whether the joint is ankylosed in a favourable or unfavourable position.

Note.- Where the scheduled assessment for a specified injury involving multiple losses differs from the sum of the assessment for the separate injuries the former shall be the appropriate assessment.

Part – D

Disablement due to Diseases and Surgical Conditions

51.

A confirmed chronic medical or surgical condition or conditions only e.g diabetes (as opposed to the condition itself or the conditions which, additionally, has or have a complication(s) and further to the complication itself or complications themselves which result from the condition or conditions in question) ......................... 10% for each specific condition subject to a maximum 50% where two or more such conditions exist. A chronic condition is one requiring a life-time management.
52.

Two or more confirmed chronic medical or surgical conditions with a complication or complications e.g. diabetes with hypertension ........... 20% for the conditions, whatever their number, plus 10% for each specific complication involved upto a maximum of 80% for both. This provision does not apply to a situation of end-organ failure.
53.

Terminal illness, end-organ failure or removal of an internal organ (e.g. brain, heart, lung, liver, kidney or part thereof) .............................................................. 50-100%.

Part – E

Psychiatric Conditions

54.

Chronic neurotic condition ............................................................................. 50%. The condition must be chronic and persistently relapsing in nature.
55.

Chronic psychotic condition ................................................................. 51% to 100%.

Part – F

Inclusion Of The "X" Factor In Certain Composite Injuries Other Than Injuries To The Hand And Feet

56.

Injuries to a,b ................... etc. a + b +.............. X%. The X% is the "X" factor. It represents the percentage by which the sum of the schedule percentages of the two or more injuries shall be increased.
57.

The "X" factor shall be taken into account in certain cases where there are several injuries suffered are especially disabling or disadvantageous to the claimant e.g. loss of hand and a foot both on one side of the body. The injuries must in all cases where the "X" factor is applied be composite.
58.

The "X" factor shall be added to the sum of the schedule percentages of the two or more injuries suffered by the claimant (subject to a maximum of 100%) save where these regulations have expressly made provision for such cases (e.g as in paragraphs 12,13 and 29 of part A).
59.

The "X" factor shall be 20% of the sum of the several injuries involved.

Part – G

Composite Injuries Involving The Hand And Feet

60.

Injuries involving the hand or the feet:

(i)

Where 2 digits are lost ............................... D1 + D2 + "X" factor of 20%;
(ii)

Where 3 digits are lost ........................ D1 + D2 + D3+ "X" factor of 30%;
(iii)

Where 4 digits are lost .............. D1 + D2 + D3 + D4 + "X" factor of 40%;
(iv)

Where the big toe or the big thumb has been lost in addition to the other;
(v)

4 digits on one foot or hand ................. D1 + D2 + D3 + D4 + Big toe/thumb + such an "X" factor as to render the assessment 100%.

•

“D” means a digit of the hand or foot and the figure following it represents the number of digits lost by the claimant.
61.

In each of the first four of the mentioned cases in this part, the sum total assessment for the lost digits shall be increased by 20%, 30% or 40% as the case may be according to the number of digits lost. In the last case of this part the assessment shall amount to 100% where the big toe or thumb, as the case may be, and whether on one foot or one hand or on all the said limbs has been lost in addition to all the other digits on the same foot or hand or on all the said limbs.

KENYA DEFENCE FORCES RULES OF PROCEDURE, 2017
[L.N. 238/2017, L.N. 88/2018.]
PART I — PRELIMINARY
1.
Citation

These Rules may be cited as the Kenya Defence Forces Rules of Procedure, 2017.
2.
Interpretation

In these Rules, unless the context otherwise requires—

“Act” means the Kenya Defence Forces Act, 2012 (No. 25 of 2012);

"convening officer” means the Defence Court Martial Administrator or the Service Court Martial Administrator as the case may be;

"civilian employee” means a person subject to section 5 of the Act;

"Director of Military Prosecutions” means the same as stipulated under section 213 of the Act;

“detachment" means a part of a unit which is so separated from the unit to which it belongs, that the commanding officer of that unit cannot effectively exercise his disciplinary powers as commanding officer over it, or a ship;

“Service Commander” means the commander of a service of the Kenya Defence Forces;

"sexual offence” means an offence under section 120 of the Act where the corresponding civil offence is an offence under the Sexual Offences Act, 2006 (No. 3 of 2006) or an attempt to commit such an offence, and shall include any offence of an indecent or unnatural kind under section 120 of the Act, or any attempt to commit such offence under section 131 of the Act, or an offence of an indecent kind under section 120 of the Act; and

“subordinate commander” means an officer appointed as such by the commanding officer of the accused.
3.
Commanding officer
(1)

For the purposes of these Rules, the commanding officer of an accused is the officer who has powers of command over the accused and who—

(a)

is in immediate command of the unit to which the accused belongs or is attached;
(b)

where the accused is serving with a detachment which has not been placed for disciplinary purposes under the command of the commanding officer of another unit or detachment, is the commanding officer of that detachment;
(c)

where the accused is serving with a unit or detachment which has been placed for disciplinary purposes under the command of the commanding officer of another unit or detachment, is the commanding officer of that other unit or other detachment; or
(d)

in any case not falling within paragraphs (a), (b) or (c), is by the custom of the service the officer entitled to exercise the powers of a commanding officer in relation to the accused otherwise than by delegated authority.
(2)

In paragraph (1) the reference to the accused belonging or being attached to or serving with a unit or detachment includes a reference to a civilian employee being employed in the service of that unit or detachment or of any part or member thereof or accompanying that unit or any part thereof.
4.
Delegation of power
(1)

Subject to rule 27, a commanding officer may delegate to a subordinate commander of any rank who is under his command and directly responsible to him in disciplinary matters the power to deal summarily with charges with which he himself may so deal.
(2)

Despite the restrictions placed upon the powers of a subordinate commander by virtue of rule 27, where a unit or detachment is serving with and has been placed for disciplinary purposes under the command of the commanding officer of another unit or detachment, that commanding officer may appoint a subordinate commander and delegate to him the full powers of a commanding officer.
(3)

A delegation under paragraph (1) or paragraph (2) shall not include the power to remand the accused for trial by court martial.
(4)

When a commanding officer delegates the power to deal summarily with charges under this rule, he may impose such restrictions as he considers proper upon the exercise of that power by the officer to whom it is delegated, in addition to the restrictions imposed by rule 27.
PART II — ARREST AND AVOIDANCE OF DELAY
5.
Avoidance of delay after arrest by commanding officer
(1)

When a person is detained in arrest, the arresting authority shall immediately-—

(a)

inform the arrested person the reasons for the arrest; and
(b)

as soon as practicable report this fact and the grounds thereof to the arrested person's commanding officer.
(2)

The commanding officer shall consider the report referred to in paragraph (1)(a) within a period of twenty four hours of its receipt and may—

(a)

after evaluating the report dismiss the matter and direct that the arrested person be released from service custody;
(b)

direct that the arrested person be released from service custody subject to such conditions as he may stipulate and refer the matter to military police for investigations; or
(c)

subject to section 140 of the Act, direct that the arrested person continue to remain in service custody and refer the matter to military police for investigation.
6.
Report to higher authority where no investigation commenced

Every case of a person being detained in arrest beyond the period of twenty four hours referred to in rule 5(2) without any action being taken, the reason thereof shall be reported by his commanding officer to the Service Commander.
7.
Eight-day delay report

The report required by section 140(2) of the Act with regard to the need for more time in bringing an accused to trial shall be in Form I set out in the First Schedule and shall be signed by his commanding officer and the report shall be sent to the Service Commander.
8.
Arrest not to exceed 42 days

Subject to section 140 (2) of the Act, an accused shall not be held in close arrest for more than forty-two days in aggregate for an offence or offences committed within the same transaction without summary proceedings being commenced against him.
PART III — INVESTIGATION OF OFFENCES
10.
Abstract of evidence
(1)

An abstract of evidence shall be in Form I set out in the Second Schedule and shall be made as follows—

(a)

it shall be made by the military police;
(b)

the accused shall not be present while the abstract of evidence is being prepared;
(c)

it shall consist of documents, Iist of exhibits and signed statements by such witnesses as are necessary to prove the charge:

Provided that if, in the case of any witness, a signed statement is not readily procurable, a summary of the evidence to be given by that witness may be included instead of a signed statement;

(d)

charge, if any; and
(e)

an oath shall not be administered to a witness making a statement for inclusion in an abstract of evidence, but use may be made, where necessary, of sworn statements which are already in existence.
(2)

When an abstract of evidence has been made in accordance with paragraph (1) a copy of it shall be handed to the accused by the investigator on the direction of the commanding officer, and shall then caution him or her in the following terms–

"This is a copy of the abstract of evidence in your case. You are not obliged to say anything with regard to it unless you wish to do so, but you should read it and when you have read it, if you wish to say anything, what you say will be taken down in writing and may be given in evidence."
(3)

Any statement made by the accused after reading the abstract of evidence shall be taken down in writing and signed by the accused.
(4)

The accused's statement, and a certificate in Form II set out in the Second Schedule by the person who recorded the statement stating that the accused was duly cautioned in accordance with this rule shall be attached to the abstract of evidence and shall thereafter form part of it.
(5)

In the course of any investigations, no person shall be subjected to torture, cruel, inhuman or degrading treatment.
PART IV — PREPARATION OF CHARGE SHEETS AND FRAMING OF CHARGES
11.
Charge-sheet
(1)

A charge sheet shall contain the whole of the issue or issues to be tried at one time, and may contain more than one charge if the charges are founded on the same facts or form or are part of a series of offences of the same or similar character:

Provided that charges under section 74(1)(a), 75(a), section 96(a) and (b) (where the charge is connected with a charge under either of the before-mentioned paragraphs) or section 105 of the Act may be included in any charge-sheet, notwithstanding that other charges in that charge-sheet are not founded on the same facts and do not form or are not part of a series of offences of the same or similar character.
(2)

Every charge-sheet shall in its layout follow the appropriate illustration given in Form III set out in the Second Schedule.
(3)

The commencement of each charge-sheet shall be in the appropriate paragraph of Form IV set out in the Second Schedule, and shall state the number, rank, name and unit of the accused and show by the description of the accused or directly by an express averment that he is subject to the Act or otherwise liable to trial by court martial.
12.
Charges
(1)

Each charge shall state one offence only.
(2)

Offences may be charged in the alternative in separate charges, but in no case shall they be charged in the alternative in the same charge, and when charges are laid in the alternative they shall be set out in order of gravity commencing with the most serious.
(3)

Each charge shall consist of two parts, namely—

(a)

the statement of the offence; and
(b)

the particulars of the act, neglect or omission constituting the offence.
(4)

The statement of an offence, if it is not a civil offence, shall be as set out in the appropriate paragraph of Form V in the Second Schedule, and if it is a civil offence in such words as sufficiently describe that offence.
(5)

The particulars shall state—

(a)

such circumstances respecting the alleged offence as shall enable the accused to know every act, neglect or omission which it is intended to prove against him as constituting the offence;
(b)

when the offence charged is one which can be committed either in circumstances involving a higher degree of punishment or in circumstances involving a less degree of punishment, facts which it is intended to prove as rendering the accused liable to the higher degree of punishment if convicted; and
(c)

any additional facts which it is intended to prove as rendering the accused liable to the punishment of stoppages if convicted.
(6)

A charge sheet may be signed by the investigator, Commanding Officer, appropriate superior authority or the Director of Military Prosecution.
13.
Joint charges
(1)

Any number of accused may be charged in the same charge-sheet with offences alleged to have been committed by them separately if the acts on which the charges are founded are so connected that it is in the interests of justice that they be tried together.
(2)

Any number of accused may be charged jointly in one charge for an offence committed by them jointly, and where so charged any one or more accused may at the same time be charged in the same charge-sheet with any other offence alleged to have been committed by him or them individually or jointly, provided such charges could, if the accused to whom they relate had been tried separately, have been included under rule 11(1) in the same charge-sheet as the other charges against him.
14.
Construction of charge sheet and charges

In the construction of a charge-sheet or charge, the statement of the offence and the particulars of the offence shall be read and construed together.
PART V — SUMMARY DISCPLINARY PROCEEDINGS
15.
Points to consider before trial
(1)

A commanding officer or appropriate superior authority shall ensure before dealing summarily with a charge—

(a)

that the accused is given not less than twenty-four hours before the charge is so dealt with, a copy of the abstract of evidence including the charge sheet indicating which charge or charges he or she is being charged with;
(b)

that the accused is within the prescribed ranks he is authorized to deal with;
(c)

that having regard to the gravity of the offence he considers that his powers of punishment are adequate;
(d)

that the accused person has not elected to be tried by court martial;
(e)

that the offence is not one that according to these Rules, he is not precluded from trying; and
(f)

that he does not have reasonable grounds to believe that the accused is unfit to stand trial or was suffering from a mental disorder at the time of commission of the offence.
(2)

Despite paragraph (1), a commanding officer may direct that a charge be dealt with summarily by a subordinate commander if he is satisfied that—

(a)

the accused is within the prescribed ranks the subordinate commander is authorized to deal with; and
(b)

that having regard to the gravity of the offence he considers that powers of punishment of the subordinate commander are adequate.
16.
Summary dealing by commanding officer

When a commanding officer or a subordinate commander deals summarily with a charge—

(a)

he shall first read the charge to the accused;
(b)

ask the accused whether he is guilty or not; and
(c)

record the answer or plea given by the accused.
17.
Plea of not guilty

Where the accused pleads not guilty—

(a)

all prosecution witnesses shall be called to give evidence orally in his presence and the accused shall proceed to cross examine the witnesses:

Provided that the witnesses against the accused need not give their evidence orally if the accused has so agreed in writing,
(b)

if the witnesses against the accused do not give their evidence orally the commanding officer shall read the abstract of evidence to the accused if he so requires;
(c)

after all the prosecution witnesses have testified, the accused in his defence may adduce evidence on oath or make a statement without being sworn or hand in a written statement as to the facts of the case and may if he so desires call witnesses who shall give their evidence orally and in his presence in support of his case;
(d)

the Commanding officer shall consider the evidence tendered against and for the accused person and shall make a determination as to the accused's guilt or innocence;
(e)

where the Commanding Officer finds the accused not guilty, he shall record a finding of not guilty and shall dismiss the charge;
(f)

where the Commanding Officer finds the accused guilty, he shall record a finding of guilty and shall afford the accused an opportunity to mitigate before pronouncement of the punishment.
18.
Plea of guilty

Where the accused pleads guilty, the Commanding Officer shall record a finding of guilty and shall afford the accused an opportunity to mitigate before pronouncement of the punishment.
19.
Record of the proceedings

A record shall be made of the proceedings in accordance with Form set out in the Third Schedule and in addition, the commanding officer shall record or cause the proceedings to be recorded in writing in sufficient detail and to the extent possible, in Hansard form.
20.
Dismissal of a charge
(1)

A commanding officer may dismiss a charge at any time if he is of the opinion that it ought not to be proceeded with further.
(2)

If in the course of dealing summarily with a charge a commanding officer determines that it is desirable that the charge should be tried by court martial, he shall refer the charge to the Director of Military Prosecutions.
(3)

After a commanding officer has referred a charge to the director of military prosecutions, he shall not otherwise deal with it unless it has been referred back to him with a direction that it shall be dealt with summarily.
21.
Reference of charge to appropriate superior authority or Director of Military Prosecutions

Where a commanding officer refers a charge to the appropriate superior authority or Director of Military Prosecutions, he shall forward the following documents—

(a)

the abstract of evidence;
(b)

a statement of the character and service record of the accused; and
(c)

written reasons for his action and a recommendation as to how the charge should be proceeded with.
22.
Procedure of proceedings before appropriate superior authority or subordinate commander

ln all proceedings before a subordinate commander or appropriate superior authority the procedure provided in proceedings before a commanding officer shall be adopted and followed:

Provided that a subordinate commander shall not refer a charge to the appropriate superior authority or Director of Military Prosecutions.
23.
Limitation to summary charges

A commanding officer shall not deal summarily with a charge under any of the following provisions of the Act—

(a)

sections 58, 59, 60, 61, 62,63, 64, 66(1)(b), 67, 68, 69(c) and (d), 70, 71, 72, 73;
(b)

sections 87 (a), (b), 88(a), (b), 91 and 92 where the subject matter exceeds in value ten thousand shillings;
(c)

sections 94, 97, 98, 99, 100, 101, 103(1), 106, 107, 109, 110, 111, 114, 115, 117, 118, 119, 120, 122, 124 and 129;
(d)

sections 131, 132 and 133, where the commanding officer may not deal summarily with the substantive offence; or
(e)

any offence under the Second Schedule to the Act.
24.
Limitation of punishment

A commanding officer shall not award the punishment of stoppages exceeding ten thousand shillings.
25.
Punishments awarded by commanding officer

A commanding officer shall award such punishments as are prescribed in sections 155 and 156 of the Act.
26.
Restrictions on a commanding officer

Where the commanding officer is in office by virtue of rule 3(1)(b)—

(a)

the commanding officer of the unit to which the sub-unit or detachment belongs may restrict him in the exercise of his powers having regard to his rank or experience;
(b)

and where he has been restricted in the exercise of his powers, he may nevertheless exercise his full powers as a commanding officer if he considers it necessary for him to do so for the maintenance of discipline, but if he does so he shall immediately report his action to the commanding officer who restricted him in the exercise of his powers.
27.
Punishment awarded under delegated powers

A subordinate commander to whom the power to deal summarily with charges has been delegated under rule 4 may only award the following punishments—

(a)

if he is of the rank of major or corresponding rank or above to a non-commissioned officer—

(i) a fine not exceeding fifteen days pay;
(ii) severe reprimand;
(iii) reprimand; or
(iv) admonition;
(b)

if he is of the rank of major or corresponding rank or above to a service member, other than a warrant officer or non-commissioned officer—

(i) imprisonment for a period not exceeding twenty-eight days;
(ii) a fine not exceeding fifteen days pay;
(iii) the minor punishments specified in rule 30; or
(iv) admonition;
(c)

if he is of the rank of captain or corresponding rank or below to a senior sergeant or sergeant—

(i) reprimand; or
(ii) admonition;
(d)

if he is of the rank of captain or corresponding rank or below to a corporal or lance corporal—

(i) a fine not exceeding ten days pay;
(ii) severe reprimand;
(iii) reprimand; or
(iv) admonition; or
(e)

if he is of the rank of captain or corresponding rank or below to a private—

(i) imprisonment for a period not exceeding fourteen days;
(ii) a fine not exceeding ten days pay;
(iii) the minor punishments specified in rule 30; or
(iv) admonition.
28.
Appropriate superior authority

Any officer of or above the rank of lieutenant-colonel or corresponding rank who is appointed appropriate superior authority by the Service Commander shall be the appropriate superior authority for the purposes of section 149 of the Act, in addition to the Service Commander and the Chief of the Defence Forces:

Provided that an officer of the rank specified in the first column in the Fourth Schedule shall not be the appropriate superior authority for the purposes of a case in which the accused is above the rank specified in the second column or corresponding rank.
29.
Limitation of powers of appropriate superior authority

The appropriate superior authority shall not deal summarily with a charge against an officer under any of the following provisions of the Act—

(a)

sections 58, 59, 60, 61, 62,63, 64, 66(1)(b), 67, 68, 69(c) and (d), 70, 71, 72, 73;
(b)

sections 87 (a), (b), 88(a), (b), 91 and 92 where the subject matter exceeds in value ten thousand shillings;
(c)

sections 94, 97, 98, 99, 100, 101, 103(1), 106, 107, 109, 110, 111, 114, 115, 117, 118, 119, 120, 122, 124 and 129;
(d)

sections 131, 132 and 133, where the appropriate superior authority may not deal summarily with the substantive offence; or
(e)

any offence under the Second Schedule to the Act.
30.
Minor punishments
(1)

The minor punishments which a commanding officer may impose under sections 155 (3)(e), 156 (2)(a)(vii) and (b)(iv) of the Act are—

(a)

up to twenty-eight days' confinement to barracks or stoppage of short leave, with or without extra duties;
(b)

up to twenty-eight days' loss of privileges; and
(c)

extra guards or duty:

Provided that a commanding officer of the rank of captain or corresponding rank or below shall not award minor punishments for a period exceeding twenty-one days.
(2)

The minor punishments which a subordinate commander may award are-—

(a)

up to twenty-one days' confinement to barracks or stoppage of short leave, with or without extra duties;
(b)

up to twenty-one days' loss of privileges; or
(c)

extra guards or duty:

Provided that a subordinate commander of the rank of captain or corresponding rank or below, shall not award minor punishments for a period exceeding fourteen days.
(3)

The periods specified in this rule are the maximum periods which may be awarded in the course of any one hearing.
31.
Action by appropriate superior authority
(1)

An appropriate superior authority may dismiss a charge at any time if he is of the opinion that it ought not to be proceeded with further.
(2)

If in the course of dealing summarily with a charge an appropriate superior authority determines that it is desirable that the charge should be tried by court martial, he shall refer the charge to the Director of Service Prosecutions or Director of Military Prosecutions, as the case may be.
(3)

After an appropriate superior authority has referred a charge to the Director of Military Prosecutions, as the case may be, he shall not otherwise deal with it unless it has been referred back to him with a direction that it shall be dealt with summarily.
32.
Action by the Director of Military Prosecutions on receipt of abstract evidence
(1)

When the Director of Military Prosecutions or his representative at the Service Headquarters as the case may be, receives an abstract of evidence against an accused he shall, if he does not refer it back to the commanding officer or appropriate superior authority, refer it to the Defence Court Martial Administrator or the Service Court Martial Administrator, as the case may be, who shall take appropriate steps to convene a court martial.
(2)

Where the Director of Military Prosecutions or his representative at Service headquarters refers an abstract of evidence back to the commanding officer or appropriate superior authority he shall do so together with his own recommendations as to how the case should be proceeded with.
33.
Referral to the Defence Martial Administrator or Service Court Martial

Before the Director of Military Prosecutions or his representative at the Service Headquarters refers an abstract of evidence to the Defence Court Martial Administrator or the Service Court Martial Administrator, as the case may be he shall—

(a)

direct upon what charges the accused is to be tried and ensure that the accused has been remanded for trial by court martial upon those charges either by his commanding officer or by the appropriate superior authority;
(b)

if he is of the opinion that charges should be put in separate charge-sheets, do so and direct the order in which they are to be tried;
(c)

direct, if there is more than one accused, whether the accused are to be tried separately or jointly;
(d)

assign a prosecutor duly appointed by the Defence Council; and
(e)

direct the Defence Court Martial Administrator or the Service Court Martial Administrator as the case may be, to convene a Court Martial.
FIRST SCHEDULE

FORM I

[Rule 7.]

DELAY REPORT

Unit Address .....................................Telephone: .........................................

TO: .............................................. (Convening Officer)

1 ....................................................................................... EIGHT DAY DELAY REPORT pursuant to the Kenya Defence Forces Act, section 140 (2).Number, Rank, Name of accused ..............................................................................___________________________________________________________________________

Date placed in arrest ........................................., 20 ..............

___________________________________________________________________________

Alleged Offence(s)

Date of Alleged Offence(s)

..............................................

...................................................

..............................................

...................................................

2 The accused is in close/open arrest.

The reasons for his retention in arrest are

.......................................................................................................

2 The abstract of evidence

{.

was taken on ..........., 20 ......... has not yet been taken because ..................................

2 The Director of Military Prosecution ..........., 20 .......

{.

was consulted on has not yet been consulted because .....................................

2 The Director of Military Prosecution's advice

{.

was received on .........., 20.... has not yet been received.

2 Action

{

{

is being taken

has been taken} {on the Director of Military Prosecution's advice as follows)

......................................

2 Date of trial

{

{

has not yet been fixed.

has been fixed as ........, 20 .........

Reasons for delay since last report .......................................................................................

.........................................................Officer commanding accused's unit(to be signed personallyby the Commanding Officer)

Date ..................................., 20 ........................._____________________

NOTES

1 lnsert "1st", "2nd", "3rd", "Final" or as the case may be

2 Strike out words not applicable

_____________________

SECOND SCHEDULE

Form I. Abstract of evidence

Form II. Certificate to be attached to an abstract of evidence after it has been handed to the accused.

Form III. Illustrations of charge-sheets.

Form IV. Commencement of a charge-sheet.

Form V. Statement of offences.

FORM I

[Rule 10(1).]

ABSTRACT OF EVIDENCE

Abstract of evidence in the case of ...........................................................

(number, rank, name, unit) consisting of the .............................................

(insert the number of statements) attached statements and

...........................................................................................................................................

(insert the number of précis) précis of evidence3 of witnesses for the prosecution and compiled by me (the Investigating Officer) (.............................4 on the instructions of the commanding officer of the accused).

.......................................................(Signature and rank)

(Date) ................................... 20 .................

FORM II

[Rule 10(4).]

CERTIFICATE TO BE ATTACHED TO AN ABSTRACT OF EVIDENCE AFTER IT HAS BEEN HANDED TO THE ACCUSED

Certified that I ..................................5 today handed to the accused .....................................6 the abstract of evidence relating to him dated ............ day of ................., 20 ........, and duly cautioned him in accordance with rule 9(2) and that he (elected to make and sign the statement dated the ............. day of ....................., 20 ..........., which is marked .......................... and attached to this certificate) (did not make a statement).

.........................................................(Signature of certifying officer)

(Date) ................................... 20 ................._____________________

NOTES

3 Strike out any reference to statements or précis which are not applicable.

4 lnsert name and rank of the officer making the abstract.

5 lnsert rank, name and unit of officer signing the certificate.

6 lnsert number, rank, name and unit of the accused.

FORM III

[Rule 11(2).]

ILLUSTRATIONS OF CHARGE-SHEETS

(i) Charge-Sheet

The accused, (Svc No., Rank, Name) of 1st Battalion Kenya Rifles, a service member of the Defence Forces, being subject to the Kenya Defence Forces Act, 2012 under section 4(a) of that Act, is charged with—

1st Charge

STEALING PUBLIC PROPERTY CONTRARY TO SECTION 87(a) OF THE KENYA DEFENCE FORCES ACT

in that he

at Nanyuki on 1st January, 2013, stole a pair of binoculars, public property.

2nd Charge

(Alternative to 1st charge)

RECEIVING PUBLIC PROPERTY CONTRARY TO SECTION 87 (b)OF THE KENYA DEFENCE FORCES ACT

in that he

at Nanyuki on 1st January, 2013, received a pair of binoculars, public property, knowing or having reason to believe them to be stolen.

Dated at (Nanyuki) this .............. day of ..................... 20 ............

Signature .....................................

(NAME),

(RANK, SVC NO).

Investigating Officer.

SUBORDINATE COMMANDER (NAME, RANK, SVC NO, APPOINTMENT)

Finding: .........................................................

Award: .............................................................

DATE: .................... SIGNATURE: .......................

COMMANDING OFFICER (NAME, RANK, SVC NO, APPOINTMENT)

Finding: .........................................................

Award: .............................................................

DATE: .................... SIGNATURE: .......................

APPROPRIATE SUPERIOR AUTHORITY (NAME, RANK, SVC NO, APPOINTMENT)

Finding: ...............................................................

Award: .................................................................

DATE: .................... SIGNATURE: .......................

CONFIRMED BY: (SERVICE COMMANDER ARMY, AIRFORCE, NAVY)

DATE: .................... SIGNATURE: .......................

(ii) Charge-Sheet

The accused, ............... (Svc No., Rank, Name), a reservist called out under section (261, 262, 263)7 of the Kenya Defence Forces Act 2012, being subject to that Act under section 4 (b) of that Act and ........................ (Name) formerly No. 3456789 a Private of the 2nd Battalion Kenya Rifles, a service member of the Defence Forces, then subject to the Kenya Defence Forces Act, under section 4 (a) of that Act, are charged with–

Both charged jointly

1st Charge

USING VIOLENCE AGAINST THEIR SUPERIOR OFFICER, CONTRARY TO SECTION 82 (1)(a) OF THE KENYA DEFENCE FORCES ACT

in that they at Nakuru on 2nd January, 2013, used violence against No. 4567890 Sergeant John Kinyoki who had ordered them into arrest by seizing the said sergeant by the jacket and by kicking his legs.

For 2nd Accused only:

2nd Charge

USING INSUBORDINATE LANGUAGE TO HIS SUPERIOR OFFICER, CONTRARY TO SECTION 82 (1)(b) OF THE KENYA DEFENCE FORCES ACT

in that he

at Nakuru on 2nd January, 2013 said to (Svc No., rank, name), who was then his superior officer, when asked by the said Sergeant for his (the accused's) particulars "afande ulikuwa unanitafuta na leo utaniona" or words to that effect.

Dated at (Nanyuki) this .............. day of ..................... 20 ............

Signature ..............................

(NAME, RANK, SVC NO).

Investigating Officer.

SUBORDINATE COMMANDER (NAME, RANK, SVC NO, APPOINTMENT)

Finding: ..............................................................

Award: ................................................................

DATE: .................... SIGNATURE: ........................

COMMANDING OFFICER (NAME, RANK, SVC NO, APPOINTMENT)

Finding: .........................................................

Award: .............................................................

DATE: .................... SIGNATURE: .......................

APPROPRIATE SUPERIOR AUTHORITY (NAME, RANK, SVC NO, APPOINTMENT)

Finding: ...............................................................

Award: .................................................................

DATE: .................... SIGNATURE: .......................

CONFIRMED BY: (SERVICE COMMANDER ARMY, AIRFORCE, NAVY)

DATE: .................... SIGNATURE: .......................

_____________________

7 Delete as appropriate.

(iii) Charge-Sheet

The accused, ....................................... (Rank, Name, Svc No.) of 1st Battalion Kenya Rifles, an officer of the Defence Forces, being subject to the Kenya Defence Forces Act under section 4(a) of that Act, is charged with–

1st Charge

STEALING PUBLIC PROPERTY CONTRARY TO SECTION 87 (a) OF THE KENYA DEFENCE FORCES ACT

in that he

at Nanyuki on 1st January, 2013, stole a pair of binoculars, public property.

2nd Charge

(Alternative to

1st charge)

RECEIVING PUBLIC PROPERTY CONTRARY TO SECTION 87 (b) OF THE KENYA DEFENCE FORCES ACT

in that he

at Nanyuki on 1st January, 2013, received a pair of binoculars, public property, knowing or having reason to believe them to be stolen.

Dated at (Nanyuki) this .............. day of ..................... 20 ............

Signature .............................

(NAME, RANK, SVC NO).

Investigating Officer.

COMMANDING OFFICER (NAME, RANK, SVC NO., APPOINTMENT)

Finding: ..................................................................

Award: ....................................................................

DATE: .................... SIGNATURE: ........................

APPROPRIATE SUPERIOR AUTHORITY (NAME, RANK, SVC NO, APPOINTMENT)

Finding: ..............................................................

Award: ................................................................

DATE: .................... SIGNATURE: .......................

CONFIRMED BY: (SERVICE COMMANDER ARMY, AIRFORCE, NAVY)

DATE: .................... SIGNATURE: .......................

(iv) Charge-Sheet

The accused, ........................... (Svc No., Rank, Name) of DHQ CAU, a constable in the Defence Forces Constabulary, being subject to the Kenya Defence Forces Act under section 30(1)(b) of that Act, is charged with–

1st Charge

STEALING PUBLIC PROPERTY CONTRARY TO SECTION 87 (a) OF THE KENYA DEFENCE FORCES ACT

in that he

at Nanyuki on 1st January, 2013, stole a pair of binoculars, public property.

2nd Charge(Alternative to 1st charge)

RECEIVING PUBLIC PROPERTY CONTRARY TO SECTION 87 (b) OF THE KENYA DEFENCE FORCES ACT

in that he

at Nanyuki on 1st January, 2013, received a pair of binoculars, public property, knowing or having reason to believe them to be stolen.

Dated at (Nanyuki) this .............. day of ..................... 20 ............

Signature .............................

(NAME)

(RANK, SVC NO).

Investigating Officer.

SUBORDINATE COMMANDER/lNSPECTOR (NAME, RANK, SVC NO., APPOINTMENT)

Finding: ........................................................................

Award: ........................................................................

DATE: ......................... SIGNATURE: .........................

COMMANDING OFFICER/COMMANDANT (NAME, RANK, SVC NO, APPOINTMENT)

Finding: .................................................................

Award: ...................................................................

DATE: ...................... SIGNATURE: ........................

CONFIRMED BY: (SERVICE COMMANDER ARMY, AIRFORCE, NAVY)

DATE: .................... SIGNATURE: .......................

FORM IV

[Rule 10(3).]

COMMENCEMENT OF A CHARGE-SHEET

1. The accused ............................................ (number, rank, name and unit) (an officer) (a service member) of the Defence Forces being subject to the Kenya Defence Forces Act, under section 4 (a) of that Act, is charged with–

...............................................................................................................................................

.....................................................................................................................................

2. The accused ................................ (number, rank and name) a member of the Defence Forces Constabulary, being subject to the Kenya Defence Forces Act, under section 30(1)(b) of that Act, is charged with–

...............................................................................................................................................

.....................................................................................................................................

3. The accused .............................................................. (number, rank, name and unit)

A reservist called out under

{

section 261

}

{

section 262

}

{

section 263

}

of the Kenya Defence Forces Act, being subject to that Act under section 4(b) of that Act, is charged with—

............................................................................................................................................

.....................................................................................................................................

4. The accused .................................... (name and unit in which employed) a person serving with the Defence Forces under an engagement whereby he agrees to be subject to the Kenya Defence Forces Act, while so serving, being subject to that Act under section 4 (d) of that Act, is charged with–

............................................................................................................................................

.....................................................................................................................................

5. The accused ....................................................... (name) a person

{ employed in the service of

{ a unit

}

{

{ a part of a unit

} which is

{

{ a member of a unit

}

{ accompanying a unit

}

on active service, being subject to the Kenya Defence Forces Act, under section 4(i) of the Act, is charged with—

............................................................................................................................................

.....................................................................................................................................

6.

The accused .............................................................. (number, rank, name and unit) (a cadet) of the Defence Forces being subject to the Kenya Defence Forces Act, under section 4 (e) of that Act, is charged with—

.....................................................................................................................................

.....................................................................................................................................
7.

The accused ............................................... (a spy) being subject to the Kenya Defence Forces Act, under section 4 (f) of that Act, is charged with—

.....................................................................................................................................

.....................................................................................................................................
8.

The accused (a person) being subject to the Kenya Defence Forces Act, under section 4 (g) of that Act, is charged with—

.....................................................................................................................................

.....................................................................................................................................
9.

The accused .................................................... (number, rank, name and unit)

{ an officer }

{military

}

forces of a country to

{

seconded}

{ a service }

of the

{ air

}

which section 4(h) of

{

}

{ member }

{ naval

}

the Kenya Defence

Forces Act, applies,

{{

attached}

to a unit of the Defence Forces being subject to that Act under section 4 (h) of that Act, is charged with—

............................................................................................................................................

............................................................................................................................................
10.

The accused .................................................................... (name) formerly (number, rank and unit if applicable)

{

an officer

}

}

{

a service member

}

}

{

a reservist

}

of the

Defence Forces }

{

a person

}

}

{

Constabulary

}

then subject to the Kenya Defence Forces Act, under section

4 (a)4 (a)4(b)4(g)(h))(i)(j)30(1)(b)

of that Act, now liable to summary disciplinary proceedings under section 209 of that Act, is charged with—

......................................................................................................................................

......................................................................................................................................

FORM V

[Rule 11(3).]

STATEMENTS OF OFFENCES

TREACHERY, COWARDICE AND OFFENCES ARISING OUT OF SERVICE

Section 58

(1)

{

(a)

}

{

(a)

}

{

(b)

}

With intent to assist

{

(b)

}

{

(c)

}

the enemy, contrary to

{

(c)

}

{

(d)

}

section 58 (1)

{

(d)

}

{

(e)

}

{

(e)

}

{

(f)

}

{

(f)

}

{

(g)

}

{

(g)

}

{

(h)

}

{

(h)

}

{

(i)

}

{

(i)

}

as read together with section 58(3)(a) of the Kenya Defence Forces Act.

(2) Knowingly and

{

(a)

}

contrary to

{

(a)

}

without lawful excuse

{

(b)

}

section

{

(b)

}

doing an act specified

{

(c)

}

58 (1)

{

(c)

}

in paragraph

{

(d)

}

{

(d)

}

{

(e)

}

{

(e)

}

{

(f)

}

{

(f)

}

{

(g)

}

{

(g)

}

{

(h)

}

{

(h)

}

{

(i)

}

{

(i)

}

as read together with section 58(3)(b) of the Kenya Defence Forces Act.

(3) Negligently

{ causing

}

{the capture }

by the enemy of the

{

}

{ allowing }

destruction aircraft

{

}

{

}

{

}

{

}

belonging to the Defence forces or of any co-operating forces, of any co-operating forces,

contrary to section 58 (2) as read together with section 58(3)

.

.

of the Kenya Defence Forces Act.

{ (a) }

{ (b) }

Section 59

{ Communicating with }

the enemy contrary to section

{

(a)

}

{ Giving intelligence to }

59(1)

{

(b)

}

of

the Kenya Defence Forces Act.

Section 60

Spying contrary to section 60 (1) of the Kenya Defence Forces Act

Section 61

(1) Failing to obey orders contrary to section 61(a) as read together with section 61(2)

(2) Failing to engage the enemy contrary to section 61(a) as read together section 61(2)

{ (a) }

{ (b) }

of the Kenya Defence Forces Act

{ (c) }

(3) Improperly withdrawing from action contrary to section 61(b) as read together section 61(2)

{

(a)

}

{

(b)

}

of the Kenya Defence Forces Act

{

(c)

}

(4) Improperly failing to pursue the enemy contrary to section 61(c) as read together section 61(2)

{

(a)

}

{

(b)

}

of the Kenya Defence Forces Act

{

(c)

}

(5) Improperly failing to consolidate position gained contrary to section 61(c) as read together with section 61(2)

{ (a)

}

( {b)

}

of the Kenya Defence Forces Act

{ (c)

}

(6) Improperly failing to

{ relieve }

{ assist }

friendly forces

contrary to section 61(d) as read as read together with

section 61(2)

{

(a)

}

{

(b)

}

of the Defence Forces Act

{

(c)

}

(7) Improperly forsaking a station contrary to section 61(c) as read together with section 61(2)

{

(a)

}

{

(b)

}

of the Defence Forces Act

{

(c)

}

Section 62(1)

(1) Misconduct by a person in command contrary to section 62(1)

{

(a)

}

{

(b)

}

as read together with

{

(c)

}

{

(d)

}

section 62(2)

{

(a)

}

of the Kenya Defence

{

(b)

}

Forces Act

Section 63

Misconduct by a person not in command contrary to section 63

{

(a)

}

{

(b)

}

of

of the Kenya Defence Forces Act

Section 64(1)

Cowardice before the enemy contrary

to section 64(1)

{

(a)

}

{

(b)

}

{

(c)

}

{

(d)

}

as

{

(e)

}

{

(f)

}

read together with section 64(2) of the Kenya Defence Forces Act

Section 65

Neglecting to perform a }duty

Negligently performing }

contrary to section 65 of the

Kenya Defence Forces Act.

Section 66

(a)

Spreading reports relating to operations calculated to create despondency or unnecessary alarm contrary to section 66(1)(a) as read together with section 66(2) of the Kenya Defence Forces Act.
(b)

When before the enemy using words calculated to create despondency or unnecessary alarm contrary to section 66(1)(b) as read together with section 66(2) of the Kenya Defence Forces Act.

Section 67

Advocating governmental

{ (a) }

of the Kenya Defence

change by force contrary

{ (b) }

Forces Act.

to Section 67

Section 68

(1)

Being captured through disobedience or wilful neglect contrary to section 68(1)(a) as read together with section 68(2) of the Kenya Defence Forces Act
(2)

Failing to take reasonable steps after capture to rejoin the Defence Forces section 68(1)(b)(i) as read together with section 68(2) of the Kenya Defence Forces Act.

(3)

Preventing

}

a person from taking reasonable steps after

Discouraging

}

capture to rejoin the Defence Forces

contrary to section 68(1)(b)(ii) as read together with section 68(2) of the Kenya Defence Forces Act

Section 69

(1)

Sleeping at post when on guard duty or watch contrary to section 69(1)(a)(i) as read together with section 69(4)

{ (a) }

of the Kenya Defence Forces Act

{ (b) }
(2)

Drunkenness when on guard duty or watch contrary to section 69(1)(a)(ii) as read together with section 69(4)

{ (a) }

of the Kenya Defence Forces Act

{ (b) }

(3)

Leaving his post when on guard duty or watch contrary to section 69(1)(a)(iii) as read together with section 69(4)

{ (a)

}

of the Kenya Defence

{ (b)

}

Forces Act
(4)

Sleeping when not allowed to be asleep contrary to section 69(1)(b) as read together with section 69(4)

{ (a)

}

of the Kenya Defence

{ (b)

}

Forces Act
(5)

Striking

Using force against

}

}

a person on guard duty or watch contrary to

section 69(1)(c) as read together with

.

{ (a) }

{ (b) }

of the Kenya Defence Forces Act.
(6)

Compelling a person on guard duty or watch to let a person pass contrary to section 69(1)(d) as read together with

Section 69 (4)

{ (a) }

{ (b) }

of the Kenya Defence Forces Act.

Section 70

(1)

Looting contrary to section

{

70(1)

{ (a)

}

} as read together

{

{ (b)

}

} with section 70(4)

{

{ (c)

}

} of the Kenya Defence

{

70(2)

(a)

{(i) }

} Forces Act

{

{(ii) }

}

(2)

Searching with intent to loot contrary to section

{ 70(1)(d)

}

70(2)(b) as read together with section 70(4) of the Kenya Defence Forces Act.

Section 71

Committing a wrongful act against the

{ person }

of a member of a

{property}

civil population

contrary to section 71(1) as read together with Section 71(2) of the Kenya Defence Forces Act.

Section 72

(1)

(a) Mutiny with violence contrary to section 72(1)(a) as read together with section 72(3)

{ (a)

}

{ (b)

}

of the Kenya Defence

Forces Act

(2)

Mutiny relating to the enemy contrary to section 72(1)(b)

{ (i)

}

{ (ii)

}

as

read together with section 72(3)

{ (a) }

of the Kenya Defence

Forces Act.

{ (b) }
(3)

Incitement to mutiny contrary to section 72(1)(c) as read together with section 72(3)

{ (a) }

of the Kenya Defence

Forces Act

{ (b) }

Section 73

(1)

Failing to suppress or prevent mutiny contrary to section 73(1)(a) as read together with section 73(2)(a) or (b) of the Kenya Defence Forces Act.
(2)

Failing to report mutiny contrary to section 73(1)(b) as read together with section 73(2)(a) or (b) of the Kenya Defence Forces Act.

DESERTION, ABSENCE WITHOUT LEAVE, ETC.

OFFENCES RELATING TO DISOBEDIENCE OF ORDERS

Section 77

Disobedience to standing orders contrary to section 77 (1) of the Kenya Defence Forces Act.

Section 78

(1) Disobeying a lawful command with wilful defiance or neglect of authority contrary to section 78(1) as read together with section 78(2)(a) or (b) of the Kenya Defence Forces Act

Section 79

Disobeying a lawful command contrary to section 79 of the Kenya Defence Forces Act.

Section 80

Issuing a manifestly unlawful order contrary to section 80 of the Kenya Defence Forces Act.

Section 81

{ Failing to attend a service duty

}

{ Leaving a service duty without permission

} contrary to section 81(1 )

as read together with section 81(2) of the Kenya Defence Forces

INSUBORDINATION

MALINGERING, DRUNKENNESS AND QUARRELLING

Section 84(1)

Malingering contrary to

{ (a)

}

as read together with section

section 84(1)

{ (b)

}

84(2) of the Kenya Defence

{ (c)

}

Forces Act

{ (d)

}

Section 85

(1)

Unfitness to perform duty due to the influence of alcohol or drugs contrary to section 85(1)(a) as read together with section 85(4) of the Kenya Defence Forces Act.
(2)

Disorderly behavior due to the influence of alcohol or drugs contrary to section 85(1)(a) as read together with section 85(4) of the Kenya Defence Forces Act.

Section 86

contrary to section 86(1)(b) of the Kenya Defence Forces Act.

OFFENCES RELATING TO PROPERTY

Section 87(1)

contrary to section 87(1)(d) as read together with section 87(2) of the Kenya Defence Forces Act.

Section 88

Section 89

Section 90

(2)

{ By neglect of} {contrary to }

{orders regulations} {instructions}

causes fire contrary to section 90 (a) or (b) of the Kenya Defence Forces Act

Section 91

Stealing contrary to Section 91(1)(a) or (b) of the Kenya Defence Forces Act

Section 92

{ Receiving

}

property contrary to section 92 of the Kenya

{ Retaining

}

Defence Forces Act

Section 93

Section 94

Section 95

OFFENCES RELATING TO BILLETING AND REQUISITIONING OF VEHICLES

Section 97

Billet contrary to section 97(1)(c) as read together with section 97(2) of the Kenya Defence Forces Act

Section 98

Unlawful requisitioning contrary to section 98(1) (a) or (b) as read together with section 98(3) of the Kenya Defence Forces Act.

Corruption in relation to a requisition order contrary to section 98(1)(c) as read together with section 98(3) of the Kenya Defence Forces Act.

OFFENCES RELATING TO FLYING

Section 99

Section 100

Unlawful low flying contrary to section 100 of the Kenya Defence Forces Act.

Section 101

Flying an aircraft in a manner causing or likely to cause unnecessary annoyance to a person contrary to section 101 of the Kenya Defence Forces Act.

OFFENCES RELATING TO AND BY PERSONS IN CUSTODY

Section 102

(1)(a)(i)

Delaying

{

an investigation

} contrary to

section 102(1)(a)

{

a trial

}

(i) as read together with section 102(2) of the Kenya Defence Forces Act.

(ii) Failing to release a person in arrest contrary to section 102(1)(a)(ii) as read together with section 102(2) of the Kenya Defence Forces Act.

(b) Failing to report the offence for which a person has been placed in custody contrary to section 102(1)(b) as read together with section 102(2) of the Kenya Defence Forces Act.

(1)(c) Failing to give in writing information relating to a person committed to his charge as a guard commander contrary to section 102(1)(c) as read together with section 102(2) of the Kenya Defence Forces Act.

Section 103

(1)(a) Willfully allowing a person to escape contrary to section 103(1)(a) as read together with section 103(2)(a) or (b) of the Kenya Defence Forces Act.

(1)(b) Releasing a person without authority contrary to section 103(1)(b) as read together with section 103(2)(a) or (b) of the Kenya Defence Forces Act.

(1)(c) Allowing a person to escape contrary to section 103(1)(c) as read together with section 103(2)(a) or (b) of the Kenya Defence Forces Act.

Section 104

(1)

(a) Refusing to obey an officer who orders him/her into arrest contrary to section 104(1)(a) as read together with section 104(2) of the Kenya Defence Forces Act.

(b)

contrary to section 104(1)(b) (i) or (ii) as read together with section 104(2) of the Kenya Defence Forces Act.

Section 105

Escaping from custody contrary to section 105 of the Kenya Defence Forces Act.

OFFENCES CONCERNING COURTS MARTIAL AND OTHER AUTHORITIES

Section 106

contrary to section 106 Act as read together with section 106(2) or (3) of the Kenya Defence Forces Act.

Section 107

(1) Making a false statement contrary to section 107 (1) of the Kenya Defence Forces Act.

Section 108

PRIZE OFFENCES

Section 109

Section 110

MISCELLANEOUS OFFENCES

without ensuring its accuracy contrary to section 117(b) of the Kenya Defence Forces Act.

Section 118

Scandalous conduct unbecoming the character of an officer contrary to section 118 of the Kenya Defence Forces Act.

Section 119

Section 122

(1)(a) Making a false accusation contrary to section 122(1) (a) of the Kenya Defence Forces Act.

(1)(b)(i) Making a false statement in a complaint contrary to section 122(1) (b)(i) of the Kenya Defence Forces Act.

(1)(b)(ii) Wilfully suppressing a material fact contrary to section 122(1) (b)(ii) of the Kenya Defence Forces Act.

Section 123

(1)(b)Causing loss by dereliction of duty contrary to section 124(1)(b) of the Kenya Defence Forces Act.

Section 125

Section 130

Cheating in examination contrary to section 130 of the Kenya Defence Forces Act that is to say (set out the offence)

Section 131

Attempting to commit a service offence contrary to section 131 of the Kenya Defence Forces Act.

Section 132

Section 133

Committing a civil offence contrary to section 133 (1) of the Kenya Defence Forces Act, that is to say (here describe the civil offence in such words as sufficiently describe the offence).

Section 134

Failing to disclose circumstances for release from the Defence Forces contrary to section 134 of the Kenya Defence Forces Act.

Section 135

Being concerned in the enrolment of person who commits an offence by en rolling into the Defence Forces contrary to section 135 of the Kenya Defence Forces Act.

Section 136

THIRD SCHEDULE
[Rule 19.]

FORM

RECORD OF PROCEEDINGS

Accused's number, rank and name ...................................... unit ..............................

1.

The Officer dealing with the case shall inform the accused of his right to elect to be tried by Court Martial under Section 91 of this Act and shall ask the accused—

Q.

Do you wish to be tried summarily or elect to be tried by Court Martial?
A.

.........................................................................................................
2.

Questions to be put to the accused by the officer dealing with the case before the charge is read.

Q.

Have you been served with a copy of the charge sheet and the abstract of evidence not less than 24 hours before this trial?
A.

.......................................................................................................
Q.

Have you had sufficient time to prepare your defence?
A.

.......................................................................................................
3.

The officer dealing with the case shall then read the charge(s) to the accused and ask him the following question—

Q.

Have you agreed in writing that the witnesses against you need not give their evidence in person?
A.

.......................................................................................................
4.

If the accused has agreed in writing that the witnesses against him need not give their evidence in person the officer dealing with the case shall read the abstract of evidence to the accused if the accused so requires but, if the accused has not so agreed, the witnesses against him shall give their evidence in person and it shall be recorded on a separate sheet and be attached to this record.
5.

After the abstract of evidence has been read or the witnesses against the accused have given their evidence, as the case may be, the officer dealing with the case shall say to the accused—

Q.

Do you wish to give evidence on oath or to make or hand in a statement without being sworn? Your evidence or statement may deal with the facts of the case.
A.

............................................................................................................
Q.

Do you wish to present any other evidence in your defence?
A.

..........................................................................................................
6.

If the accused elects to give evidence or to make a statement or to call witnesses the evidence for the defence including any statement made by the accused himself shall be recorded on a separate sheet and attached to this record. The officer dealing with the case shall then: (i) consider all the evidence and determine whether the accused is guilty of the offence or not, and (ii) if he determines that the accused is guilty, make such a finding.
7.

Finding ..........................................................................................................

8.

Where a finding of guilty has been entered, the Officer dealing with the case shall ask the accused the following question—

Q.

Do you wish to adduce evidence or give a statement dealing with your character and matters in mitigation of punishment?
A.

..............................................................................................................
9.

The Officer dealing with the charge shall examine and consider the accused's record of service and mitigation, if any, before giving an award.

Award ...........................................................................................................

...............................................

(Signature of the accused

........................

....................................................

(Signature, rank and appointment of Commanding Officer/appropriate superior authority)

(Date) .....................

(Date) .....................

Dated the .............................................., 20 ..................

FOURTH SCHEDULE
[Rule 28.]

APPROPRIATE SUPERIOR AUTHORITY

Lieutenant-colonel ..........

Captain

Colonel .............................

Major

Brigadier .........................

Lieutenant-colonel

Major-general ..................

Colonel

Lieutenant-general ...........

Brigadier

General ............................

Major General

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