CAP. 199
(i)
(j)
(k)
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
empowering a court-martial, where the particulars proved or admitted
at the trial differ from those alleged in the charge but are sufficient
to support a finding of guilty of the like offence as that charged, to
make a finding of guilty subject to specified exceptions or variations, if
it appears to the court that the difference is not so material as to have
prejudiced the defence of the accused;
the forms of orders and other documents to be made for the purposes
of any provision of this Act or the rules of procedure relating to the
investigation or trial of, or award of punishment for, offences which
may be tried by courts martial, commanding officers or appropriate
superior authorities; and
any matter that may be prescribed in relation to the matters mentioned
in this subsection.
306. Rules of the courts martial
The Chief Justice may make rules prescribing the practice and procedure in
courts martial and appeals from the courts martial.
307. Powers exercisable in subsidiary legislation
(1) Any power conferred by this Act to make regulations, rules, orders or other
instruments shall include power to make provision for specified cases or classes
of cases and to make different provision for different cases or classes of cases,
and classes of cases may be defined by reference to any circumstances specified
in the instrument.
—
(2) Any regulations, rules, orders or other instruments made under this Act may
(a)
(b)
(c)
impose conditions, or require acts or things to be performed or done
to the satisfaction of any person named therein, whether or not the
person is a member of the Defence Forces;
empower such a person to issue directions, either orally or in writing,
requiring acts or things to be performed or done, or prohibiting acts or
things from being performed or done; or
prescribe periods or dates within, upon or before which such acts or
things shall be performed or done or such conditions shall be fulfilled,
and providing for appeal against any such imposition, requirement, or
directions.
308. Execution of orders, instruments, etc.
Save as expressly provided by this Act, any direction, requirement, order or
determination which under this Act may be given or made by an officer or a
service authority may be signified under the hand of any officer duly authorised
in that behalf, and any instrument signifying such direction, requirement, order or
determination and purporting to be signed by an officer stated therein to be so
authorised shall, unless the contrary is proved, be presumed to have been signed
by an officer so authorised.
[Issue 1]
K7-132
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