CAP. 199
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
court-martial fails to sentence the member to such dismissal, the sentence of
imprisonment shall not be invalid but shall be deemed to include a sentence of
such dismissal.
(5) If a warrant officer or non-commissioned officer is sentenced by a courtmartial to imprisonment or active service punishment, that person shall also be
sentenced to reduction in rank to private or corresponding rank and, if the courtmartial fails to sentence that person to such reduction in rank, the sentence shall
not be invalid but shall be deemed to include a sentence of such reduction in rank.
(6) In the case of a warrant officer or non-commissioned officer, a severe
reprimand or a reprimand may be awarded by a court-martial in addition to forfeiture
of seniority of rank or a fine.
(7) If an offender is on active service on the day of the sentence, a fine may be
awarded in addition to active service punishment.
(8) Stoppages may be awarded by a court-martial either with or without any
other punishment.
(9) Active service punishment shall consist of such duties or drills (in addition
to those which the offender might be required to perform if not undergoing
punishment) and such loss of privileges, as may be prescribed in the regulations,
and may include confinement in such place and manner as may be prescribed and
such personal restraint necessary to prevent the escape of the offender, as may
be prescribed.
182. Restitution or compensation for theft, etc.
(1) This section applies if a person has been convicted by a court-martial, or
having been dealt with summarily has been found guilty, of unlawfully obtaining
any property, whether by stealing it, by receiving or retaining it knowing or having
reason to believe it to have been stolen, by fraudulently misapplying it or by any
other means.
(2) If any of the property unlawfully obtained has been found in the possession
of the offender, the court-martial may order that it be delivered or paid to the person
appearing to be its owner.
(3) If there has been found in the possession of the offender any property (other
than money) appearing to have been obtained by the conversion or exchange
of any of the property unlawfully obtained, the court-martial may order that it
be delivered to the person appearing to be the owner of the property unlawfully
obtained.
(4) If money is found in the possession of the offender, whether or not it appears
to have been obtained as aforesaid, or any pay or other money is due or is to
become due to the offender, an order may be made that the person appearing to
be the owner of the property unlawfully obtained shall be paid a specified sum out
of that money as or towards compensation for the loss caused by the offence, in
so far as not otherwise made good under this Act or by the recovery of the property
unlawfully obtained.
(5) If any of the property unlawfully obtained has been sold or given in pawn 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
[Issue 1]
K7-86
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