CAP. 199
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
certificate, in the prescribed form in the Fifth Schedule, declaring that the member
is deemed to be dead and stating the date on which the death is presumed to
have occurred, and the member shall henceforth, for the purposes of this Act and
the regulations, and in relation to the member's status and service in the Defence
Forces, be deemed to have died on that date.
299. Uniforms and decorations not part of estate
Uniforms and decorations shall not be treated as part of the estate of a
deceased member of the Defence Forces in relation to claims or creditors or for
any of the purposes of administration under this Act or otherwise, and they shall
be delivered to the Service Commander and thereafter disposed of in the manner
to be prescribed by regulation.
300. Property of deserter
(1) In every case of desertion, the movable property of the deserter in the
charge or control of the paymaster or any other officer, including any money
belonging or due to the deserter, shall be disposed of in a manner prescribed by
regulations.
(2) Regulations contemplated under subsection (1) shall not arbitrarily deny a
person of his or her entitlements or benefits.
301. Board of inquiry
(1) The Service Commander, or any officer authorised by regulations made
under this Act, may convene a board of inquiry to investigate and report on the
facts relating to—
(a) the absence of any person subject to this Act;
(b) the capture of any person by the enemy;
(c) the death of any person if an inquiry into the death is not required to
be held by a civil authority; or
(d) any other matter of a prescribed class,
and a board of inquiry shall, if directed to do so, express an opinion on any question
arising out of any matters referred to the board.
(2) The Defence Council, the Service Commander or the commanding officer
may convene a board of inquiry to investigate and report on any other matter.
(3) A board of inquiry shall consist of the prescribed number of persons, being
persons subject to this Act, and the chairperson of the board shall be an officer not
below the rank of Lieutenant or corresponding rank.
(4) Evidence given before a board of inquiry shall not be admissible against
any person in proceedings before a court-martial, appropriate superior authority or
commanding officer other than proceedings for an offence under section 107, or
for an offence, under section 133 if the corresponding civil offence is perjury.
302. Report of inquiry into absence to be recorded
(1) If a board of inquiry into the absence of an officer or service member reports
that the person has been absent without leave or other sufficient cause for a period
of at least twenty one days, as specified in the report, a record of the report shall
be entered in the service books.
[Issue 1]
K7-128
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents