[Rev. 2012]
(c)
(d)
(e)
(f)
Kenya Defence Forces
Kenya Defence Forces
CAP. 199
refuses to produce any document in the person's custody or under
the person's control, and which a court-martial has lawfully required
the person to produce;
when as a witness, refuses to answer any question which a courtmartial has lawfully required the person to answer;
willfully insults or intimidates any person who is a member of a courtmartial or a witness, or any other person whose duty it is to attend on
or before the court, while that person is acting as a member thereof
or is so attending, or willfully insults any person while that person is
going to or returning from the proceedings of the court; or
willfully interrupts the proceedings of a court-martial or otherwise
misbehaves before the court.
(2) A person who commits an offence under subsection (1) shall be liable, on
conviction by court-martial, other than the court in relation to which the offence
was committed, to imprisonment for a term not exceeding two years or any lesser
punishment provided for by this Act.
(3) Despite subsection (2), if an offence under subsection (2)(e) or (f) is
committed in relation to a court-martial, that court-martial may, by order under the
hand of the presiding officer, order the offender to be imprisoned for a term not
exceeding twenty-one days, if the court-martial considers that it is expedient that
the offender should be dealt with summarily by the court instead of being brought
to trial before another court-martial.
107. False evidence
(1) A person subject to this Act who, having been lawfully sworn as a witness
or as an interpreter in proceedings before a court-martial or before any board or
person having power under this Act to administer oaths, makes a statement that
is material in those proceedings, knowing it to be false, or not believing it to be
true, commits an offence and shall be liable, on conviction by a court-martial, to
imprisonment for a term not exceeding seven years or any lesser punishment
provided for by this Act.
(2) A person shall not be liable of an offence under this section solely upon the
evidence of one witness as to the falsity of any statement alleged to be false.
108. Obstruction of police officer
(1) A person who is subject to this Act commits an offence if that person
prevents or obstructs a police officer or any other person—
(a) in executing a warrant for the arrest of a person subject to this Act
who has committed or is suspected of having committed an offence
triable by a civil court; or
(b) in lawfully arresting without a warrant a person subject to this Act.
(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.
K7-59
[Issue 1]
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