CAP. 199
(c)
(d)
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
to impose restrictions upon military personnel or upon persons in the
service of the Defence Forces, and except so far as that provision
or, as the case may be, the thing done under the authority thereof is
shown not to be reasonably justifiable in the military; or
for security and protection of information within the Defence Forces.
46. Limitation of political rights
(1) Despite political rights set out in Article 38 of the Constitution, a person to
whom this Act applies shall not—
(a) form, join, participate, campaign for any political cause or recruit
members for a political party; or
(b) serve as a member of Parliament, the Senate, a county assembly or
any other political body.
(2) The provisions under subsection (1) shall not apply to that persons' right to
register as a voter and to vote in an election, by-election or a referendum.
(3) The provisions under subsection (1) shall not apply to persons who serve
in the reserve force who are not called out.
47. Limitation to freedom of movement and residence
Despite the right to freedom of movement and residence set out in Article 39
of the Constitution, that right in respect of a person to whom this Act applies shall
be limited—
(a) when the person is lawfully held in service custody;
(b) when, within Kenya, the right of such person to leave Kenya; is
reasonably restricted in the interests of defence, public security, public
safety, public order, public morality or public health;
(c) when entering or having entered, remaining within or around
designated military areas subject to such conditions as may be
prescribed; or
(d) under any other circumstances which that person may be subjected
to in respect of any movement or residence within or outside Kenya.
48. Limitation of right to privacy
(1) Despite the right to privacy set out in Article 31 of the Constitution, that right
in respect of a person to whom this Act applies shall be limited where—
(a) that person's home or property within the barracks or any military
establishment is to be searched;
(b) that person's possessions are to be seized;
(c) information relating to that person's family or private affairs is required
to be revealed; or
(d) the privacy of a person's communications is to be investigated or
otherwise interfered with.
(2) In order for the limitation under subsection (1)(c) to apply, the person shall
have committed a crime or be suspected to have committed a crime.
[Issue 1]
K7-36
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