[Rev. 2012]
Kenya Defence Forces
Kenya Defence Forces
CAP. 199
(2) When calculating a period contemplated in subsection (1), any period during
which a person was illegally absent or a prisoner of war shall be disregarded.
(3) In applying subsection (1), in the case of an offence under section 133, if any
written law requires that proceedings for the corresponding civil offence shall be
brought within a particular time, that time limit shall apply to the trial of the offence
under that section instead of three years (the same periods being disregarded).
154. Hearing procedures
(1) If a person who is subject to this Act accepts summary trial, that person
or his or her representative may present evidence and call witnesses during the
hearing.
(2) The commanding officer shall consider all information offered during the
hearing, and shall be convinced that the accused person actually committed the
offence he or she is accused of before imposing the punishment.
155. Charges against officers and cadets
(1) After investigating a complaint against an officer or a cadet, the military
police shall forward the investigation report in the form of an abstract of evidence
and appropriate charges, if any, to the commanding officer, who—
(a) may deal summarily with the charge if it is one that the commanding
officer has power to deal with summarily, and the commanding officer
considers that the charge should be so dealt with;
(b) may dismiss the charge on the grounds that it ought not to be further
proceeded with; or
(c) shall refer the abstract of evidence and the charge in the prescribed
manner to the Director of Military Prosecutions or the appropriate
superior authority as the case may be, in any other case.
(2) If the commanding officer deals with a charge summarily and records a
finding of guilt, the punishments that may be awarded to an officer of the rank of
captain or corresponding rank or below are, subject to the limitations hereinafter
provided, those set out in the following scale—
(a) forfeiture of up to six months' seniority of rank;
(b) a fine not exceeding half a month's pay;
(c) severe reprimand;
(d) reprimand;
(e) admonition; or
(f) if the offence has occasioned any expense, loss or damage,
stoppages.
(3) If the commanding officer deals with a charge summarily and records a
finding of guilt, the punishments that may be awarded to a cadet are, subject to the
limitations hereinafter provided, those set out in the following scale—
(a) dismissal from the Defence Forces;
(b) severe reprimand;
K7-73
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