CAP. 199
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
(3) In awarding compensation under this Part the Court shall respect and uphold
the right to property under Article 40 of the Constitution.
230. Application to civilians employed with Defence Forces and to aircraft,
ships and boats
(1) In relation to persons employed with the Defence Forces and not entitled
under the provisions of this Part to be billeted being persons of such descriptions
as may be prescribed, those provisions shall apply as they apply in relation to
members of the Defence Forces.
(2) The provisions of this Part apply in respect of aircraft, ships and boats as
they apply in respect of vehicles, and in relation to ships and boats, land shall
include water.
Requisitioning of Vehicles
231. Requisitioning orders
At any time when this section is in operation by virtue of an order made
under section 240, if an officer not below the rank of major or corresponding
rank commanding any part of the Defence Forces considers it is necessary in the
interest of defence or public safety and the necessity is such as to afford reasonable
justification for the causing of any hardship that may result to any person having an
interest in or right over the vehicles, may issue a requisitioning order authorising
the requisitioning of specified vehicles, or of a specified number of vehicles of a
specified description from among the vehicles in a specified area for meeting the
needs of any specified unit of the Defence Forces or any part thereof.
232. Requisitioning directions
(1) A requisitioning order may be issued to the officer commanding any part of
the Defence Forces, and that officer, or any officer or service member authorised
in writing, may give directions for the provision—
(a) in so far as the requisitioning order authorises the requisitioning of
specified vehicles, of all or any of those vehicles; or
(b) in so far as the order authorizes the requisitioning of vehicles of a
specified description, of the number of vehicles of that description
specified in the order or any lesser number of such vehicles.
(2) A direction under subsection (1), given as respects a vehicle, shall be a
direction given to the person having possession of the vehicle either—
(a) to furnish it immediately at the place where it is; or
(b) to furnish it at a place within one hundred kilometers from the
premises of that person, at a time specified by the officer or service
member giving the direction, but no direction shall be given under
this paragraph as respects either a vehicle that is not mechanically
propelled, or a trailer normally drawn by a mechanically propelled
vehicle.
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