[Rev. 2012]
Kenya Defence Forces
Kenya Defence Forces
CAP. 199
166. Indemnity from personal liability
In the performance of their duties, court administrators, prosecutors, the
presiding officer and the members of a court-martial shall not be liable for any
criminal or civil proceedings or administrative sanctions for anything done, omitted
to be done, reported or said in good faith in the exercise or purported exercise of a
power or in the performance or purported performance of a duty or function under
this Act.
Provisions relating to trial
167. Challenge
(1) An accused person may, on any reasonable grounds, object to any member
of the court, whether appointed originally or in place of another member.
(2) To enable the accused person exercise the right of objection conferred by
subsection (1), the names of the members of the court shall be read out in the
presence of the accused person before their swearing in, and the accused shall be
afforded an opportunity to object to any of those members.
(3) Every objection made by an accused to a member shall be considered by
the other members of the court.
(4) If the objection is to the presiding officer and a majority of the other members
of the court allow it, the court shall adjourn and the Chief Justice shall appoint
another presiding officer in accordance with section 165.
(5) If the objection is to any other member of the court and a majority of the
members entitled to vote allow it, the member objected to shall retire and the
vacancy may be, or if the number of members would be reduced below the legal
minimum shall be, filled in the prescribed manner by another officer.
168. Oaths and affirmations
(1) An oath shall be taken by every member of a court-martial, the Judge
Advocate and any other person attending as interpreter person recording the
proceedings or officer under instruction.
(2) Every witness before a court-martial shall give evidence on oath, but—
(a) if a child called as a witness does not, in the opinion of the court,
understand the nature of the oath, the child's evidence may be
received unsworn if in the opinion of the court the child is sufficiently
intelligent to justify the evidence being received and understands the
duty of speaking the truth, but if the child's evidence is given unsworn
on behalf of the prosecution, the accused may not be convicted
upon that evidence unless it is corroborated by some other material
evidence supporting it and implicating the accused; or
(b) if a person objects to being sworn on the ground either that the
person has no religious belief or that the taking of an oath is contrary
to the person's religious belief, or if it is not reasonably practicable
to administer an oath to a person in the manner appropriate to
the person's religious belief, that person shall make an affirmation
instead.
K7-79
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