[Rev. 2012]
Kenya Defence Forces
Kenya Defence Forces
CAP. 199
35. Powers and duties of members while being deployed
(1) Whenever the Defence Forces or any portion or member thereof has been
deployed under section 33, that member of the Defence Forces shall have the
same powers and exercise the same duties as those conferred or imposed upon
a member of the National Police Service.
(2) The powers and duties referred to in subsection (1) may only be exercised
or performed for the purposes of—
(a) successful execution of that deployment;
(b) maintenance of law and order; or
(c) preservation of the internal security of the State.
(3) The powers and duties referred to in subsection (1) shall not include powers
and duties to investigate crime.
(4) A member of the Defence Forces who arrests or detains any person or
seizes any article or object shall as soon as possible hand that person, article
or object over to the National Police Service or any other appropriate functionary
designated by relevant law.
(5) A member of the Defence Forces shall in respect of acts done or omitted
to be done by him or her by virtue of this section—
(a) be liable to the same extent as a member would have been liable
in like circumstances if that member was a member of the National
Police Service; and
(b) have the benefit of all the indemnities to which a member of that
National Police Service would in like circumstances be entitled to.
(6) A member of the Defence Forces who exercises any power by virtue of this
section shall be regarded as a military police officer.
(7) Nothing in this section may be construed as giving—
(a) a member of the National Police Service any power to exercise
command or control over any member of the Defence Forces; or
(b) a member of the Defence Forces any power to exercise command or
control over any member of the National Police Service.
(8) A provision of this Act relating to the powers and duties of a member of the
Defence Forces may not be construed as removing, detracting from or diminishing
any power or duty expressly conferred, enforced or imposed by any other law upon
such a member of the Defence Forces.
(9) Members of the Defence Forces deployed in terms of subsection (1)
shall receive appropriate training prior to such deployment and shall be equipped
accordingly.
PART IV – RELATIONSHIP WITH OTHER
COUNTRIES AND EMPLOYMENT OUTSIDE KENYA
36. Attachment to other forces and employment outside Kenya
(1) The Defence Council may place any officer or service member at the
disposal of the service authorities of any country for the purpose of undergoing
instructions or training, subject to anything to the contrary in the conditions
applicable to that officer or member's service.
K7-31
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