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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents