[Rev. 2012]
Kenya Defence Forces
Kenya Defence Forces
CAP. 199
(8) The Court shall have jurisdiction to deal with any claim arising under this
section irrespective of the amount of the claim.
236. Avoidance of hardship in requisitioning vehicles
In deciding which of alternative vehicles is to be specified in a requisitioning
order, or is to be the subject of a direction under section 234, the person issuing
the direction given shall act in such manner as that person consider will cause the
least hardship.
237. Issue of Search warrant
If a Judge or a magistrate is satisfied that a person has failed to afford
facilities for inspection as required by or under regulations made under section
308 of this Act, the Judge or magistrate may issue a search warrant authorizing a
named police officer to enter any premises within which the facilities are required,
accompanied by that person, at any time between six o'clock in the morning and
nine o'clock in the evening, and to inspect anything that may be found therein.
238. Damage by vehicles being delivered for requisitioning
A person who is using a vehicle for the purpose of its being furnished under a
direction under section 231(2) shall be deemed, as respects any claim in respect
of injury or damage to any other person or property, to be using the vehicle as a
servant of the Government, and section 4 of the Insurance (Motor Vehicles Third
Party Risks) Act (Cap. 405) shall not apply to the use of a vehicle for that purpose.
239. Application to aircraft, ships, horses, etc. food, forage and stores
(1) Subject to this section, the provisions of this Part, except the provisions
which relate to mechanically propelled vehicles and trailers normally drawn
thereby, apply in respect of aircraft, ships, boats, horses, mules, donkeys, camels,
food, forage, fuel and stores as they apply in respect of vehicles.
(2) Where stores are required and can be conveyed with, a vehicle with
respect to which a direction is given under section 234, direction may also be
given in relation to the stores and the foregoing provisions of this Part shall apply
accordingly but section 235(5) shall not apply and if after the direction is given the
furnishing of the stores is prevented by damage to them or to the vehicle, such
payment, if any, shall be made in respect of the stores as may be just in all the
circumstances.
(3) For the purposes of this section, “stores” means any chattel (other than a
vehicle, aircraft, ship, boat, horse, mule, donkey or camel, or food, forage or fuel)
that is required for, or is for use in connection with—
(a) persons, vehicles, aircraft, ships or boats billeted or to be billeted
under a billeting order or otherwise temporarily accommodated or to
be temporarily accommodated; or
(b) vehicles, aircraft, ships, boats, horses, mules, donkeys or camels
furnished or to be furnished under a requisitioning order.
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