CAP. 199
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
(2) A person who commits an offence under subsection (1) shall be liable, on
conviction by a court-martial, to imprisonment for a term not exceeding two years
or any lesser punishment provided for by this Act.
76. Assisting desertion or absence without leave
(1) A person who is subject to this Act commits an offence if that person—
(a) knowingly assists any person who is subject to this Act to desert, or
to be absent without leave; or
(b) knowing that any person subject to this Act has deserted or is absent
without leave, or is attempting to desert or to be absent without leave,
fails to report that fact without delay, or fails to take any reasonable
steps to cause that person to be apprehended.
(2) A person who commits an offence under subsection (1) shall be liable, on
conviction by a court-martial, to imprisonment for a term not exceeding two years
or any lesser punishment provided for by this Act.
(3) For purposes of this Act, a person absents himself or herself without leave
if—
(a) without authority, leaves his or her place of duty;
(b) without authority, is absent from his or her place of duty; or
(c) having been authorised to be absent from his or her place of duty,
fails to return to his place of duty at the expiration of the period for
which the absence of that person was authorised.
Offences relating to disobedience of orders
77. Disobedience to standing orders
(1) A person subject to this Act who contravenes, or refuses or fails to comply
with, any provision of any standing or routine orders, being a provision that the
person is aware of, or might reasonably be expected to be aware of, commits an
offence and shall be liable, on conviction by a court-martial, to imprisonment for a
term not exceeding two years or any lesser punishment provided for under this Act.
(2) For the purposes of subsection (1), “standing or routine orders” means
any order of a continuing nature, made for any formation or unit or body of service
members, or for any command or other area, garrison or place, or for any ship
train or aircraft.
78. Disobedience of particular orders
(1) A person who is subject to this Act commits an offence if that person
disobeys any lawful command given or sent directly to that person in such a manner
as to show a willful defiance or neglect of authority.
(2) A person who commits an offence under subsection (1) shall be liable, on
conviction by a court-martial, to imprisonment for a term—
(a) not exceeding five years or any lesser punishment provided for by this
Act, if the offence was committed on active service; or
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