[Rev. 2012]
Kenya Defence Forces
Kenya Defence Forces
CAP. 199
(6) The office of the Director of Military Prosecutions shall be a separate office
from that of the legal department in the Defence Forces or Ministry.
214. Delegation of powers and function by the Director of Military
Prosecutions
(1) The powers of the Director of Military Prosecutions, except the power to
discontinue proceedings before a court-martial, may be exercised in person, or by
any legal officers, appointed by the Defence Council and acting under the Director
of Military Prosecutions.
(2) A delegation or assignment under subsection (1) shall not prevent the
Director of Military Prosecutions from exercising the power in question in person.
(3) A delegation under this section—
(a) shall not divest the Director of Military Prosecutions of the
responsibility concerning the exercise of the powers or the
performance of the duty delegated; and
(b) may be withdrawn, and any decision made by the person so
delegated to may be withdrawn or amended by the Director of Military
Prosecutions.
PART XII – FORFEITURES AND DEDUCTIONS
215. General Provisions
(1) No forfeiture of the pay of an officer or service member shall be imposed
and no deduction from such pay shall be made unless it is authorised by this Act
or as prescribed.
(2) Where deduction or forfeiture is ordered from the pay of an officer or service
member, that person shall, subject to the deduction or forfeiture remain in receipt of
payment at a rate not less than that prescribed for the purposes of this section and
any amount which the person should pay or forfeit for any period may be recovered
by deduction from pay until all payment or amount due is recovered.
(3) Any amount authorised to be deducted from the pay of an officer or service
member may be deducted from any balance (whether or not representing pay)
which may be due to the officer or service member, and references in this Act to
the making of deductions from pay shall be construed accordingly.
216. Forfeiture of pay for absence from duty
(1) The pay of an officer or service member shall be forfeited—
(a) for any day of absence in circumstances that constitute an offence
under section 74 or 75 or, if the Chief of the Kenya Defence Forces or
an authorised officer so directs, for any day of other absence without
leave (other than absence by reason of having been captured by the
enemy);
(b) for any day of imprisonment or active service punishment to which the
officer or service member is sentenced by a court-martial or that
K7-99
[Issue 1]
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières