CAP. 199
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
or is reasonably suspected to have committed an offence under Part VI, the person
shall, for the purposes of the provisions of this Act relating to arrest, keeping
in custody, investigation or charges, trial and punishment by a court-martial and
execution of sentences in relation to that offence or suspected offence, be treated,
as being still subject to this Act, although that the person may have ceased to be
subject to this Act.
(2) If a person—
(a) who is treated, by virtue of subsection (1), as being still subject to this
Act and is in service custody; and
(b) while in such custody (whether before or after trial) commits, or is
reasonably suspected of having committed, an offence which, if he
or she were actually subject to this Act, would be an offence under
Part VI,
for the purposes of the provisions under subsection (1) and the provisions of this Act
relating to dealing summarily with charges in relation to that offence or suspected
offence, that person shall be treated as having been subject to this Act when the
offence was committed or is suspected of having been committed and as continuing
to be subject to this Act thereafter.
(3) If a person who is treated as being at any time subject to this Act by virtue of
either or both of subsections (1) and (2), such treatment shall extend to the person
—
(a) if the person holds any rank in the Defence Forces, as to a person
having that rank;
(b) in any other case, as to a person having the rank which the person
held when last actually subject to this Act.
(4) If, under subsection (3), any provision of this Act, apart from this subsection,
would apply to a person in relation to different offences, as to a person having
different ranks, it shall apply to the person as to a person having the lower or lowest
of those ranks.
210. Limitation of time for trial of offences
(1) A person shall not be tried by a court-martial for an offence under this Act,
other than an offence under section 72, 73, or 74(1)(a), unless the trial is begun
within three years after the commission of the offence, subject to subsections (2)
and (3).
(2) When calculating a period contemplated in subsection (1), any period during
which a person was illegally absent or a prisoner of war shall be disregarded.
(3) In applying subsection (1)—
(a) in the case of an offence under section 133, if any written law requires
that proceedings for the corresponding civil offence shall be brought
within a particular time, that time limit shall apply to the trial of the
offence under that section instead of three years (the same periods
being disregarded); and
[Issue 1]
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