CAP. 199
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
has, by notice in the Gazette, declared that they are so serving or acting, and
the relative rank of members of the Defence Forces and of such other force is as
designated by such notice.
(3) Whenever the service contemplated in this section entails members of the
Defence Forces and any military force under the control of an international body—
(a) serving together, every member of that military force shall be treated,
and have powers of command over those members of the Defence
Forces, as if he or she were a member of the Defence Forces of the
relative rank; or
(b) acting in combination, every officer of that military force appointed to
command the combined forces or any portion thereof, shall be treated,
and have powers of command and punishment over those members
of the Defence Forces, as if he or she were an officer of the Defence
Forces of the relative rank.
41. Application of UNCLOS in law enforcement power at sea
The Defence Forces shall, in the enforcement of relevant Kenyan laws at sea
comply with the provisions of the United Nations Convention on the Law of the Sea
(UNCLOS).
PART V – LIMITATION OF RIGHTS AND FUNDAMENTAL
FREEDOMS OF PERSON SUBJECT TO THIS ACT
42. Rights and fundamental freedoms
All persons subject to this Act shall enjoy all rights and fundamental freedoms
enshrined under Chapter Four of the Constitution unless limited to the extent
specified in Article 24(5) of the Constitution, this Act or any other Act.
43. Conditions for limitation of rights and fundamental freedoms
(1) The purpose of this Part is to specifically limit or restrict certain rights or
fundamental freedoms set out in Chapter Four of the Constitution, as contemplated
in Article 24 of the Constitution.
(2) The limitations of rights and freedoms under this Part are necessary for
purposes peculiar to military service, based on human dignity, to ensure—
(a) the defence and protection of the sovereignty and territorial integrity
of the Republic of Kenya;
(b) the protection of classified information;
(c) the maintenance and preservation of national security;
(d) the security and safety of members of the Defence Forces;
(e) that the enjoyment of the rights and fundamental freedoms by any
individual member of the Defence Forces does not prejudice the rights
and fundamental freedoms of any other individual member of the
Defence Forces;
(f) good order and service discipline; and
(g) public health and safety.
[Issue 1]
K7-34
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