CAP. 199
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
(8) Minor punishments may be awarded in addition to a fine.
(9) Notwithstanding the above provisions, the recovery under this section, in
any one instance, shall not be more than half of the basic salary.
157. Option election by accused to be tried by court-martial
(1) Before dealing with a charge summarily, the commanding officer or
appropriate superior authority, as the case may be, shall give the accused the
opportunity to opt to be tried by a court-martial.
(2) If an accused opts to be tried by a court-martial, the commanding officer
or appropriate superior authority, as the case may be, shall refer the charge to the
Director of Military Prosecutions.
(3) If two or more charges against an accused are to be heard summarily
together, an option stands for trial by a court-martial in respect of any of the charges.
(4) If, after the start of a summary hearing—
(a) a charge is amended;
(b) a charge is substituted for another charge; or
(c) an additional charge is brought,
this subsection shall apply to the amended, substituted or additional charge as if
the reference in subsection (1) to dealing with a charge summarily were a reference
to proceeding with the hearing.
(5) If the accused refuses to make an option, that refusal shall be treated as
option to be tried by a court-martial and the accused shall be so informed.
(6) The accused may withdraw an option to be tried by a court-martial at any
time before the court-martial is convened.
158. Review of summary findings and awards
(1) If a charge has been dealt with summarily and has not been dismissed, the
reviewing authority may at any time review the finding or award.
(2) If, on a review under this section, it appears expedient to the reviewing
authority, by reason of any mistake of law in the proceedings or of anything
occurring in those proceedings which in the opinion of the authority involved
substantial injustice to the accused, the authority may quash the finding, and if the
finding is quashed the authority shall also quash the award.
(3) If, on a review under this section, it appears to the reviewing authority that—
(a) a punishment awarded was invalid;
(b) a punishment awarded was too severe;
(c) if the award included two or more punishments, those punishments
or some of them could not validly have been awarded in combination
or taken together, are too severe; or
(d) a punishment awarded was too lenient,
the authority may vary the award by substituting such punishment or punishments
as the authority thinks proper, being a punishment or punishments
[Issue 1]
K7-76
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