[Rev. 2012]
Kenya Defence Forces
Kenya Defence Forces
CAP. 199
property sold or given as aforesaid, shall be paid a specified sum out of any money
found in the possession of the offender (whether or not the money appears to be
proceeds of the sale or giving in pawn) or out of any pay or other money due or
to become due to the offender, as or towards compensation for the loss caused in
consequence of the sale or giving in pawn.
(6) If any of the property unlawfully obtained has been given in exchange to
some other person who did not then know that it had been unlawfully obtained, an
order may be made that the other person, upon restoring to its owner the property
given as aforesaid shall have restored the property given in exchange for the
property unlawfully obtained.
(7) An order under this section may be made by the court-martial by whom the
offender is convicted or by the commanding officer or appropriate superior authority
making the finding of guilty, as the case may be, or by any reviewing authority.
(8) In this section “appearing” means appearing to the court, officer or
authority making the order.
(9) The operation of an order under this section shall be suspended—
(a) if a notice of Appeal to the High Court against the conviction is lodged,
until either the notice is withdrawn or the appeal is determined or
abandoned; or
(b) in any other case, until the expiration of the period prescribed under
section 188 as the period within which such notice may be lodged.
(10) If the operation of an order is suspended under subsection (9)—
(a) the order shall not take effect if the conviction is quashed on appeal;
(b) the High Court may by order annul or vary the order although the
conviction is not quashed;
(c) the prescribed steps shall be taken for the safe custody, during the
period which the operation of the order is suspended, of the property
ordered to be restored or the money ordered to be paid.
(11) Despite subsections (9) and (10), an order under this section shall not be
suspended, so far as it relates to the restoration of property to the person appearing
to be its owner, if the court, officer or authority making the order directs to the
contrary in any case in which the title to the property appears to be undisputed.
(12) An order under this section shall not bar the right of any person, other than
the offender or a person claiming through the offender, to recover any property
delivered or money paid under the order from the person to whom it is delivered
or paid.
Promulgation
183. Promulgation of finding or sentence
Any finding, sentence, determination or other thing required by this Act to be
promulgated shall be promulgated either by being communicated to the accused
or in such other manner as may be prescribed.
K7-87
[Issue 1]
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents