[Rev. 2012]
Kenya Defence Forces
Kenya Defence Forces
CAP. 199
295. Certain officers may take statutory declarations
(1) A person subject to this Act may make a statutory declaration under the
Oaths and Statutory Declarations Act (Cap. 15) outside Kenya before any officer
of the rank of major or corresponding rank or above, in this section referred to as
an “authorized officer”.
(2) A statutory declaration purporting to have been made before an authorised
officer, and containing in the attestation a statement of the date on which and the
place at which the declaration was made and of the full name and rank of that
officer, shall be admitted in evidence without proof that the signature is the signature
of that officer.
296. Residence and next of kin to be recorded
(1) Every officer on being commissioned and every service member on being
enlisted shall give particulars of the place, district and county in which the person
ordinarily resides and the name and address of the next of kin, and those particulars
shall be recorded at the headquarters of the person's unit.
(2) The record shall be verified periodically, and it shall be the duty of the
officer or service member to report any alteration that may occur in the recorded
particulars.
297. Execution of wills
A will made by a member of the Defence Forces who has the legal capacity to
make a will, shall be validly executed if it is in writing and(a) is signed by the member in the presence of an officer, who subscribes
the officer's name as witness in the member's presence; or
(b) it is executed with the formalities prescribed by any other written law
for the execution of a will.
298. Administration of estates and missing persons
(1) If a member of the Defence Forces dies leaving a valid will, the paymaster
or any officer having charge or control of any pay, accumulation of pay, allowances,
gratuity or other money or any other movable property-belonging to the member,
shall pay or deliver it to the member's executor.
(2) If a member of the Defence Forces dies without leaving a valid will, the
paymaster or any officer having charge or control of any pay, accumulation of
pay, allowances, gratuity or other money or any movable property belonging to the
member, shall pay or deliver it to the personal representative, or failing that, to the
Public Trustee together with a copy of the record specified in section 296, and the
Public Trustee shall administer and distribute the money or property in accordance
with the Public Trustee Act (Cap. 168).
(3) Despite the provisions of any other law, if a member of the Defence Forces
disappears or is lost at sea, land or air under circumstances that, in the opinion of
the Service Commander, raise beyond reasonable doubt a presumption that the
member is dead, the Service Commander may issue a
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