[Rev. 2012]
(b)
(c)
Kenya Defence Forces
Kenya Defence Forces
CAP. 199
is a member of a guard or other party mounted or ordered to patrol,
for the purpose of protecting any persons, premises or place, or of
controlling access to or egress from any premises or place, or of
regulating traffic by road or rail or on any inland navigation; or
has been ordered to keep a specific watch.
(4) A person who commits an offence under this section shall be liable, on
conviction by a court-martial, to imprisonment—
(a) for life or any lesser punishment provided for by this Act, if the offence
was committed on active service; or
(b) for not more than five years, in any other case.
70. Looting and pillaging
(1) A person who is subject to this Act commits an offence if, without lawful
excuse, that person—
(a) takes or steals any property from a person who has been killed,
injured, captured or detained in the course of an action or operation
of the Defence Forces or of any force co-operating with them; or
(b) steals any property that has been left exposed or unprotected in
consequence of an action or operation of the Defence Forces or of
any force co-operating with them; or
(c) takes any aircraft, ship, vehicle, equipment or stores abandoned by
the enemy, other than for the public service;
(d) searches such a person with the intention of taking property from the
person.
(2) A person who is subject to this Act commits an offence if, without lawful
excuse, that person—
(a) takes any property which has been left exposed or unprotected in
consequence of—
(i) an action or operation of the Defence Forces or of any force cooperating with them; or
(ii) an event, or state of affairs, in relation to which such an action
or operation is undertaken; or
(b) searches any place or thing with the intention of taking property of a
description mentioned in paragraph (a).
(3) A person who is subject to this Act commits an offence if that person takes
otherwise than for the public service any vehicle, equipment or stores abandoned
by an enemy.
(4) A person who commits an offence under this section, shall be liable, on
conviction by a court-martial, to imprisonment for a term not exceeding ten years
or any lesser punishment provided for under this Act.
71. Offences against civil population
(1) A person who is subject to this Act commits an offence if that person commits
any wrongful act outside Kenya against the person or property of any member of
the civil population.
K7-45
[Issue 1]
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