CAP. 199
(b)
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
the same punishment as is provided for the attempted offence, in this
Act or any other law.
132. Aiding, abetting, counselling or procuring
(1) Where a person subject to this Act who aids, abets, counsels or procures
the commission by another person of an offence to which this Act applies, that
person commits an offence.
(2) A person who commits an offence under subsection (1) may be charged,
tried, including dealt with at a summary hearing and punished as a principal
offender.
(3) A person subject to this Act who aids, abets, incites, counsels, procures
or connives at the commission by another person of an offence under any of the
provisions of this Part commits an offence and shall be liable to be charged, tried,
and on conviction by a court-martial, punished as a principal offender.
133. Civil offences
(1) A person subject to this Act who commits a civil offence whether in Kenya
or elsewhere, shall be, on conviction by a court-martial—
(a) if the civil offence is treason or murder, sentenced to death; and
(b) in any other case, liable to any punishment which a civil court could
award for the civil offence if committed in Kenya being one or more
of the punishments provided for by this Act, or such punishment, less
than the maximum punishment which a civil court could so award, as
is provided for by this Act.
(2) Where a civil court cannot sentence to imprisonment, a person convicted
shall be liable to suffer that punishment, less than dismissal from the Defence
Forces as is provided for by this Act.
(3) Where the civil offence is murder or manslaughter, the offence shall be
deemed to have been committed at the place where the act or omission which
caused the death occurred, irrespective of the place of death.
134. Declaration of circumstances for release from Defence Forces
A person subject to this Act who, having been released from the Defence
Forces by reason of a sentence of a court-martial or by reason of misconduct,
has afterwards been enrolled in the Defence Forces without declaring the
circumstances of that release commits an offence and on conviction by a courtmartial, is liable to imprisonment for a term not exceeding two years or to lesser
punishment.
135. Offence in relation to enrolment
A person subject to this Act who is concerned in the enrolment of any other
person and who knows or has reasonable grounds to believe that by being enrolled
that other person commits an offence under this Act commits an offence and on
conviction by a court-martial is liable to imprisonment for a term not exceeding two
years or to lesser punishment.
[Issue 1]
K7-66
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