Related documents
- Is amended by 24th Annual Supplement
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2018

LAWS OF KENYA
KENYA DEFENCE FORCES ACT
CAP. 199
- Published in Kenya Gazette Vol. CXIV—No. 89 on 21 September 2012
- Assented to on 27 August 2012
- Commenced on 17 September 2012
- [Amended by Kenya Defence Forces (Amendment) Act, 2016 (Act No. 44 of 2016) on 6 March 2017]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Kenya Defence Forces Act.2. Interpretation
3. Guiding principles
The Defence Forces shall, in fulfilling its mandate, observe and uphold the Bill of Rights, values and principles under Articles 10(2), 232(1) and 238(2) of the Constitution and shall—4. Application of the Act
This Act applies to the following persons—5. Application to civilians
Part II – CONSTITUTION, STRUCTURE, COMMAND AND ADMINISTRATION OF THE DEFENCE FORCES
6. Constitution of the Defence Forces
7. Determination of strength of Defence Forces
8. Functions of the Defence Forces
9. The Commander-in-Chief of the Defence Forces
10. Functions of the Cabinet Secretary
The Cabinet Secretary shall—11. Delegation of powers and assignment of duties by Cabinet Secretary
12. Functions of the Chief of the Defence Forces
The Chief of the Defence Forces shall—13. Delegation of powers by Chief of the Defence Forces
14. Vice Chief of the Defence Forces
15. Service Commanders
16. Functions of the Service Commanders
A Service Commander shall—17. Delegation by Service Commander
18. Functions of the National Security Council in relation to the Defence Forces
The National Security Council shall, with respect to Defence Forces and pursuant to Article 240(3), (6) and (8) of the Constitution and provisions of the National Security Council Act, exercise supervisory control and perform the following other functions—19. Composition of the Defence Council, etc
20. Functions of the Defence Council
21. Conduct of business and affairs of the Defence Council
22. Committees of the Defence Council
23. Appointments
24. Term of office
25. Determination of salaries
The Salaries and Remuneration Commission shall set and regularly review the remuneration and benefits of the Chief of the Defence Forces, the Vice Chief of the Defence Forces and three Service Commanders in accordance with Article 230(4) of the Constitution and the Salaries and Remuneration Act (Cap. 412D).26. Removal, retirement and deployment from Defence Forces
The President may remove, retire or redeploy the Chief of the Defence Forces, the Vice Chief of the Defence Forces or any of the Service Commanders at any time before the expiry of the term of office.27. Vacancy
28. Recruitment and appointment of members of Defence Forces
29. Terms and conditions of service of members of the Defence Forces
30. Defence controlled unit and constabulary
Part III – CO-OPERATION WITH OTHER AUTHORITIES IN KENYA
31. Co-operation with other authorities
32. Deployment of Defence Forces to restore peace in Kenya
33. Deployment in support of National Police Service
34. Regulation of support operation, etc
35. Powers and duties of members while being deployed
Part IV – RELATIONSHIP WITH OTHER COUNTRIES AND EMPLOYMENT OUTSIDE KENYA
36. Attachment to other forces and employment outside Kenya
37. Co-operation with other forces and forces visiting Kenya
38. Service by members in fulfillment of international obligation
Service in fulfillment of an international obligation which entails participation by any member of the Defence Forces in a military force under the control or with the approval of an international body—39. Attachment of personnel
40. Command over members serving together with other military force or under control of international body
41. Application of UNCLOS in law enforcement power at sea
The Defence Forces shall, in the enforcement of relevant Kenyan laws at sea comply with the provisions of the United Nations Convention on the Law of the Sea (UNCLOS).Part V – LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS OF PERSON SUBJECT TO THIS ACT
42. Rights and fundamental freedoms
All persons subject to this Act shall enjoy all rights and fundamental freedoms enshrined under Chapter Four of the Constitution unless limited to the extent specified in Article 24(5) of the Constitution, this Act or any other Act.43. Conditions for limitation of rights and fundamental freedoms
44. Limitation to freedom of conscience, religion, thought, belief and opinion
45. Limitation of freedom of expression
46. Limitation of political rights
47. Limitation to freedom of movement and residence
Despite the right to freedom of movement and residence set out in Article 39 of the Constitution, that right in respect of a person to whom this Act applies shall be limited—48. Limitation of right to privacy
49. Limitation of right to access to information
50. Limitation of the right to freedom of association
51. Limitation of right to assembly, demonstrate, picket and petition
Despite the right to assemble, demonstrate, picket and petition public authorities set out in Article 37 of the Constitution, a person to whom this Act applies shall not assemble, demonstrate, picket or petition public authorities to the extent of maintaining military discipline.52. Limitation of right to labour relations
Despite the right to fair labour practices set out in Article 41 of the Constitution, a person to whom this Act applies shall not form, join, agitate or participate in the activities of trade unions or go on strike.53. Limitations of economic and social rights
The economic and social rights set out in Article 43 of the Constitution, in respect of a person to whom this Act applies, may be limited to the extent necessary for military training and operation as shall be prescribed by regulations.54. Limitation of rights of an arrested person
Part VI – SERVICE OFFENCES
General provisions on offences and trials
55. Offences not triable by a court-martial
56. Trials in civil courts
Nothing in this Act or any order, disciplinary code, rules, regulations or manual shall affect the jurisdiction of any civil court to try a person for any offence triable by a civil court.57. Persons guilty of an offence
Treachery, Cowardice and Offences arising out of Service
58. Aiding the enemy
59. Communication with enemy
60. Spying
61. Offences by service member or officer when in action
62. Offences by a person in command when in action
63. Misconduct in action by others
A person who is subject to this Act, who fails, if not in command of any aircraft, ship, vehicle or establishment of the Defence Forces, to use the person's utmost exertions to carry out lawful orders of superior officers into execution when ordered to prepare for action by or against the enemy or during any such action, commits an offence and shall be liable, upon conviction by a martial court—64. Cowardice
65. Neglect of duty
A person subject to this Act who neglects to perform or performs negligently any duty lawfully imposed on that person commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act.66. Offences against morale
67. Advocating governmental change by force
A person subject to this Act who, within Kenya, unlawfully advocates for governmental change through the use of force by—68. Being captured through disobedience or neglect, and failure to rejoin Defence Forces
69. Offences by or in relation to sentries, etc.
70. Looting and pillaging
71. Offences against civil population
72. Mutiny
73. Failure to suppress mutiny
Offences relating to desertion and absence without leave
74. Desertion
75. Absence without leave
76. Assisting desertion or absence without leave
Offences relating to disobedience of orders
77. Disobedience to standing orders
78. Disobedience of particular orders
79. Disobeying a lawful order
A person subject to this Act who disobeys a lawful command of a superior officer, commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for under this Act.80. Issuing a manifestly unlawful order
A person subject to this Act who issues a manifestly unlawful order commits an offence and shall, on conviction by a court-martial, be sentenced to a term not exceeding five years.81. Failure to perform military duties
Insubordination
82. Insubordinate behaviour
83. Obstruction of officers, service member, etc.
Malingering, drunkenness and quarrelling
84. Malingering
85. Unfitness or misconduct through alcohol or drugs
86. Quarrelling, fighting and threatening behaviour
Offences relating to property
87. Offences concerning public or non-public property
88. Offences concerning property of persons subject to Act
89. Damage to or loss of property
90. Causing fire
A person subject to this Act who willfully or negligently or by neglect of, or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission causes or is likely to cause fire to occur in any material, the Defence Forces establishment or work for the Defence Forces, commits an offence and on conviction by a court-martial—91. Stealing
92. Receiving property
Any person who is subject to this Act who receives or retains in his or her possession any property obtained by the commission of any service offence, knowing the property to have been so obtained, commits an offence and on conviction by a court-martial is liable to imprisonment for a term not exceeding seven years or to lesser punishment.93. Destruction of property etc.
A person subject to this Act who—94. Loss or hazarding of aircraft, ship or vehicle
A person subject to this Act who, either willfully or negligently, causes or allows any aircraft, ship or vehicle of the Defence Forces to be captured, lost, destroyed, damaged, stranded or hazarded commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for—95. Improper carriage of goods
A person subject to this Act who, being in command of an aircraft, ship or vehicle of the Defence Forces or being a member of its crew, without lawful authority—96. Miscellaneous Offences relating to property
Offences relating to Billeting and Requisitioning of Vehicles
97. Billeting offences
98. Offences in relation to requisition of vehicles
Flying Offences
99. Dangerous flying
A person subject to this Act who, either willfully or by negligence, does any act or makes any omission in flying an aircraft of the Defence Forces, or in the use of any such aircraft, or in relation to any such aircraft or to aircraft material, which causes or is likely to cause loss of life or bodily injury to any person commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for—100. Low flying
A person subject to this Act who, being the pilot of an aircraft of the Defence Forces, flies it at a height less than the prescribed height, except—101. Annoyance by flying
A person subject to this Act who, being the pilot of an aircraft of the Defence Forces, flies it so as to cause, or as to be likely to cause, unnecessary annoyance to any person commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act.Offences relating to Custody
102. Irregular arrest and confinement
103. Permitting escape, and unlawful release of prisoners
104. Resistance to arrest
105. Escape from custody
A person subject to this Act who escapes from arrest, prison or other lawful custody (whether service custody or not) commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act.Offences concerning Courts Martial and other Authorities
106. Offences concerning courts martial
107. False evidence
108. Obstruction of police officer
Prize Offences
109. Prize offences by person in command
110. Prize offences by others
Miscellaneous Offences
111. Political activities
A person subject to this Act and who—112. Making false statement on enlistment
A person who is subject to this Act commits an offence if that person, when before a recruiting officer for the purpose of being attested under this Act knowingly gives a false answer to any question contained in the attestation paper and put to the person by or by the direction of the recruiting officer, and shall be liable on conviction by a court martial to imprisonment for a term not exceeding two years.[Act No. 44 of 2016, s. 18.]113. False information
Any person subject to this Act who knowingly—114. Making false document
115. False entry
A person subject to this Act who—116. Falsely obtaining or prolonging leave
A person subject to this Act who knowingly makes a false statement to any member or authority of the Defence Forces, or to a police officer, or to an administrative officer, for the purpose of obtaining or prolonging leave commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act.117. Inaccurate certification
118. Scandalous conduct of an officer
Any officer who behaves in a scandalous manner, unbecoming the character of an officer, commits an offence and shall be, on conviction by a court-martial, dismissed from the Defence Forces or any other lesser punishment provided for under this Act.119. Striking or ill-treatment of subordinate
Any officer, warrant officer or non-commissioned officer who knows or has reasonable cause to believe that a person subject to this Act is of inferior rank, or is of the same rank but of less seniority, strikes or otherwise ill-treats such a person, that officer commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding five years or any lesser punishment provided for by this Act.120. Disgraceful conduct
A person subject to this Act who engages in an act or disgraceful conduct of a cruel, indecent or unnatural kind commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding ten years or any lesser punishment provided for by this Act.121. Conduct to prejudice of good order and discipline
Any person subject to this Act who commits any act, conduct or neglect to the prejudice of good order and service discipline commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act.122. False accusation
123. Negligent or deliberate discharge
A person subject to this Act who negligently or deliberately fires or discharges ammunition from a weapon in the person's charge or entrusted to the person's care, or which forms part of property within the person's charge or issued to the person for use for service purposes, commits an offence and shall be liable, on conviction by a court-martial, to imprisonment—124. Corruption, economic crimes, etc
125. Failure to take essential security measures
126. Abuse of military authority
127. Exceeding authority
A person subject to this Act, who exceeds the authority he or she exercises by virtue of his or her commission, appointment, rank or title abuses such authority or improperly assumes authority not conferred by such commission, commits an offence and shall be liable on conviction, by a court-martial, to imprisonment for a term not exceeding seven years or to a lesser punishment as may be provided for under this Act.128. Fraternization
129. Offences relating to dual citizenship
130. Cheating in examination
131. Attempt to commit an offence
A person subject to this Act who attempts to commit an offence under any of the provisions of this Act commits an offence and shall be liable, on conviction by a court-martial, to—132. Aiding, abetting, counselling or procuring
133. Civil offences
133A. Prohibition of torture or cruel treatment
134. Declaration of circumstances for release from Defence Forces
A person subject to this Act who, having been released from the Defence Forces by reason of a sentence of a court-martial or by reason of misconduct, has afterwards been enrolled in the Defence Forces without declaring the circumstances of that release commits an offence and on conviction by a court- martial, is liable to imprisonment for a term not exceeding two years or to lesser punishment.135. Offence in relation to enrolment
A person subject to this Act who is concerned in the enrolment of any other person and who knows or has reasonable grounds to believe that by being enrolled that other person commits an offence under this Act commits an offence and on conviction by a court-martial is liable to imprisonment for a term not exceeding two years or to lesser punishment.136. Offences in relation to inoculation, etc.
A person subject to this Act who, on receiving an order to submit to inoculation, re-inoculation, vaccination, re-vaccination, other immunization procedures, immunity tests, blood examination or treatment against any infectious disease, except diseases precluded by any written law, willfully and without reasonable excuse disobeys that order commits an offence and on conviction by a court-martial is liable to imprisonment for a term not exceeding two years or to lesser punishment provided for under this Act.Part VII – ARREST OF PERSONS SUBJECT TO THE ACT
137. Power to arrest offenders
Subject to section 139, a member of the military police may arrest any person who is subject to this Act, suspected to have committed an offence under this Act.138. Search by other persons upon arrest
A member of the Defence Forces who is exercising a power of arrest, may search the arrested person on reasonable grounds.139. Conditions for an arrest
140. Provisions for avoiding delay after arrest
141. Power to arrest deserter or an absentee
142. Proceedings before civil court where a suspected deserter or an absentee is arrested and arraigned in court
143. Deserter or absentee surrendering to police
144. Certificate of arrest or surrender of deserter or absentee
145. Superintendent of prison to receive deserters and absentees
It shall be the duty of the superintendent or other person in charge of a civil prison, or the person in charge of any police station or other place provided for the confinement of persons in custody, to receive any person duly committed to that prison, police station or place by a Magistrates' Court as being an officer, service member or member of the constabulary who has deserted or is absent without leave, and to detain that person until delivered into service custody in accordance with the directions of the court.146. Temporary reception of person in service custody into civil custody
Part VIII – SUMMARY DISCIPLINARY PROCEEDINGS
147. Guiding principles
Summary disciplinary proceedings under this Act shall be guided—148. Certain charges may be dealt with summarily
149. Appropriate superior authority
For purposes of this Act, the appropriate superior authority is the Chief of the Defence Forces, Service Commander or such officer, not below the rank of Lieutenant-Colonel or corresponding rank, as may be prescribed but an officer of a prescribed rank shall not be the appropriate superior authority for the purposes of a case in which the accused is above the prescribed rank.150. Reporting and investigation of offences
If a person who is subject to this Act is accused of an offence under Part VI, the accusation shall be reported in the form of a complaint to the accused's commanding officer, and the commanding officer shall forward the complaint to the military police for investigation in the prescribed manner.151. Rights and representation of an accused person during trial
152. Conditions to be satisfied
153. Limitation of time for trial of offences
154. Hearing procedures
155. Charges against officers and cadets
156. Charges against service member
157. Option election by accused to be tried by court-martial
158. Review of summary findings and awards
159. Automatic administrative review
Part IX – COURTS MARTIAL
Constitution of Courts Martial
160. Constitution of the courts martial
161. Guiding principles in exercising Judicial authority
In addition to other principles and values provided for in the Constitution, the court-martial shall, in the exercise of its powers and discharge of its functions, be guided by the principles provided for under Article 159(2) of the Constitution.162. Sitting and power of the court-martial
163. Convening of court-martial
164. Disqualifications for membership of court-martial
165. Appointment of Judge Advocate
There shall be a Judge Advocate at each court-martial, who shall be—166. Indemnity from personal liability
In the performance of their duties, court administrators, prosecutors, the presiding officer and the members of a court-martial shall not be liable for any criminal or civil proceedings or administrative sanctions for anything done, omitted to be done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function under this Act.Provisions relating to trial
167. Challenge
168. Oaths and affirmations
169. Court-martial to sit in open court
170. Evidence
171. Privileges of witnesses and others
A witness before a court-martial or any other person whose duty it is to attend the court is entitled to the same immunities and privileges as a witness before the High Court.172. Contempt of court
The courts martial shall, in relation to persons who are subject to this Act or not, and in the exercise of its powers and performance of its functions, have the powers and jurisdiction to try matters of contempt of court as provided for under section 121 of the Penal Code (Cap. 63).173. Power to convict of offence other than that charged
174. Death of a Judge Advocate or member of the courts martial
175. Rulings and directions by Judge Advocate
176. Decision of court-martial
177. Finding and sentence
Finding of Insanity
178. Where accused incapable of making defence
179. Where an accused person is insane
Punishment by the court-martial
180. Punishment of officers
181. Punishment of service members
182. Restitution or compensation for theft, etc.
Promulgation
183. Promulgation of finding or sentence
Any finding, sentence, determination or other thing required by this Act to be promulgated shall be promulgated either by being communicated to the accused or in such other manner as may be prescribed.184. Approval of Death sentence by President
A sentence of death passed on a person on active service shall not be carried out on that person unless the sentence is approved by the President.185. Custody of court-martial records and right of accused to copy
Part X – APPEALS FROM COURTS MARTIAL
186. Appeal to High Court
187. Notice of Appeal
188. Determination of appeal in ordinary cases
189. Powers of court in special cases
190. Court may appoint expert
The High Court may appoint a person with special or expert knowledge to assist the Court in any such manner as it deems expedient in the discharge of justice, if the court considers that such knowledge is required for the proper determination of an appeal before it.191. Proceedings to be heard in absence of appellant
192. Defence on appeal
If a person appeals against a conviction, sentence or both, the Director of Public Prosecutions shall make arrangements for the defence of the appeal.193. Person sentenced to death to have opportunity to appeal
If a person is convicted by a court-martial and sentenced to death that person—194. Removal of prisoner
An appellant who is in custody, shall be taken to, kept in custody at, and brought back from, any place at which the appellant is entitled to be present for the purposes of this Part in the prescribed manner, and the High Court may order the appellant to be taken to any prescribed place for the purpose of any proceedings of the High Court.195. Composition of court
Upon the hearing of an appeal under this Part, the High Court shall consist of one or more Judges.196. Furnishing of documents
In the case of an appeal, under this Part, it shall be the duty of the Defence Court Administrator to furnish the Registrar, in accordance with rules of court martial, with a record of the proceedings of the court-martial.[Act No. 44 of 2016, s. 27.]197. Duties of Registrar
198. Saving of prerogative of mercy
Nothing in this Part shall affect the exercise of the power of mercy under Article 133 of the Constitution.199. Procedure
Subject to this Part and to any rules of court, the provisions of the Criminal Procedure Code (Cap. 75) relating to the hearing of appeals from subordinate courts shall apply to the hearing and determination of appeals under this Part.[Act No. 44 of 2016, s. 28.]Part XI – PROVISIONS CONCERNING TRIAL AND PUNISHMENT
200. Commencement of sentence of imprisonment
201. Duration of sentence of imprisonment
202. Service of sentence of imprisonment
If a sentence of imprisonment is passed on or awarded to a person for an offence under Part VI, that person's commanding officer shall cause the person to be sent to a prison and the superintendent or other person in charge of the prison shall receive and imprison the person until the sentence has been served, or the person is otherwise lawfully required to be delivered from the prison.203. Committal to civil prison
A person who is sentenced to death or imprisonment, and who is committed or transferred to a civil prison, shall be imprisoned and otherwise dealt with in the same manner as a person imprisoned in the same prison under a similar sentence of civil court.204. Sentence of imprisonment passed outside Kenya
If a person is sentenced by a court-martial held outside Kenya to imprisonment for a term exceeding forty-two days, the person shall be returned to Kenya as soon as practicable after the sentence has been passed.205. Indemnity for person acting under warrant
An action shall not lie in respect of anything done by any person under a sentence of imprisonment for an offence under Part VI, if the doing thereof would have been lawful but for a defect in any warrant or other instrument made for the purposes of that sentence.206. Proof of certain facts by documentary evidence
207. Proof of outcome of civil trial
208. Evidence of proceedings of court-martial
209. Trial of offence after offender ceases to be subject to Act
210. Limitation of time for trial of offences
211. Trials by civil courts
212. Persons not to be tried under this Act for offences already disposed of
Military Prosecutions
213. Director of military prosecutions
214. Delegation of powers and function by the Director of Military Prosecutions
Part XII – FORFEITURES AND DEDUCTIONS
215. General Provisions
216. Forfeiture of pay for absence from duty
217. Deductions for penalties
218. Compensation for loss occasioned by wrongful act or negligence
219. Deduction for barrack damage
220. Remission of forfeitures and deductions
A forfeiture or deduction imposed under any of section 147, 160, 161 or 162 or under regulations made or under this Act, may be remitted by the Service Commander, or by such authority as may be prescribed.Part XIII – BILLETING AND REQUISITIONING
221. Billeting orders
At any time when this section is in operation by virtue of an order under section 182, if an officer not below the rank of major or corresponding rank commanding a unit of the Defence Forces, considers it necessary for the purpose of securing accommodation for members of the Defence Forces or their vehicles, the officer may issue a billeting order requiring the police officer in charge of police for a specified area to provide billets at specified places in that area for a specified number of members of the Defence Forces, or for a specified number of vehicles of the Defence Forces, or for both.222. Full and prompt compensation
223. Instances where billeting orders may be issued
Billeting orders shall only be issued and take effect during—224. Premises in which billets may be required
225. Billeting
226. Accommodation to be provided, and payment thereof
227. Where there is no occupier
In relation to premises of which there is no occupier, this Part shall apply as if the person entitled to possession thereof were the occupier.228. Appeals against billeting
229. Compensation for damage
230. Application to civilians employed with Defence Forces and to aircraft, ships and boats
Requisitioning of Vehicles
231. Requisitioning orders
At any time when this section is in operation by virtue of an order made under section 240, if an officer not below the rank of major or corresponding rank commanding any part of the Defence Forces considers it is necessary in the interest of defence or public safety and the necessity is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the vehicles, may issue a requisitioning order authorising the requisitioning of specified vehicles, or of a specified number of vehicles of a specified description from among the vehicles in a specified area for meeting the needs of any specified unit of the Defence Forces or any part thereof.232. Requisitioning directions
233. Period for which vehicles are to be requisitioned
If a vehicle has been furnished under a requisitioning order, it may be retained, so long as section 231 is in operation, for a period for which it is required for any purpose connected with the needs of the Defence Forces.234. Provision of vehicles for purchase
A requisitioning order may require any person to furnish a vehicle for the purpose of its being purchased by the Government.235. Payment for vehicles requisitioned
236. Avoidance of hardship in requisitioning vehicles
In deciding which of alternative vehicles is to be specified in a requisitioning order, or is to be the subject of a direction under section 234, the person issuing the direction given shall act in such manner as that person consider will cause the least hardship.237. Issue of Search warrant
If a Judge or a magistrate is satisfied that a person has failed to afford facilities for inspection as required by or under regulations made under section 308 of this Act, the Judge or magistrate may issue a search warrant authorizing a named police officer to enter any premises within which the facilities are required, accompanied by that person, at any time between six o'clock in the morning and nine o'clock in the evening, and to inspect anything that may be found therein.238. Damage by vehicles being delivered for requisitioning
A person who is using a vehicle for the purpose of its being furnished under a direction under section 231(2) shall be deemed, as respects any claim in respect of injury or damage to any other person or property, to be using the vehicle as a servant of the Government, and section 4 of the Insurance (Motor Vehicles Third Party Risks) Act (Cap. 405) shall not apply to the use of a vehicle for that purpose.239. Application to aircraft, ships, horses, etc. food, forage and stores
240. Bringing into operation sections 221 and 231
Following a declaration of a state of emergency pursuant to Article 58 of the Constitution, if it appears to the President that, in the interest of national security or public interest, the provisions of either or both sections 221 and 231 come into operation for a specified period, either generally or in respect of a specified area, the President may, by order in the Gazette, direct that section or those sections, as the case may be, thereupon come into operation and remain in operation for the period specified in the Gazette.241. Reports by the Defence Council on billeting
The Defence Council shall report to Parliament all property billeted and the justification for billeting.Part XIV – SERVICE IN DEFENCE FORCES
242. Application
Unless the contrary appears from the context, this Part applies to members of the regular force and to members of the reserve force.243. Regular force
244. Pensions and gratuity
245. Protection of members on duty
246. Obligation to serve during a state of emergency
247. Termination of service of members of regular force
The service of a member of the regular force is terminated upon—248. Legal representation for members
A member of the Defence Forces against whom a civil claim or any other action arising from his or her acts or omissions in the course of duty, has been instituted in any court, is entitled to legal representation at the expense of the State if substantive injustice would otherwise arise.Part XV – COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS
249. Commissioned officers
250. Reserve liability
251. Termination of commission
252. Enlistment
253. Term of enlistment
254. Prolongation of service
Any officer due to retire or who completes the term of the officer's commission, and any service member whose period of colour service expires, during a state of war, insurrection, hostilities or public emergency or at a time of active service, may be retained in the Defence Forces and the service prolonged for such further period as the Defence Council may determine.255. Discharge
256. Postponement of discharge or transfer pending proceedings for offences, etc.
Despite anything in this Part, a service member is not entitled to be discharged or transferred to the reserve—257. Mode of discharge
258. Validity of attestation and enlistment
Part XVI – THE RESERVES
259. Transfer to reserve
260. Volunteer reserve
261. Calling out reservists for annual training
262. Calling out reservists temporarily
263. Calling out reservists on permanent service
264. Punishment for non-attendance
265. Record of illegal absence
Where a reservist fails to report when called out and the absence continues for at least twenty-one days, an entry of such absence shall be made by an officer in the service books, and the entry shall be, at first glance, evidence of the fact of absence.266. Release from reserve during active service
267. Release from service
A reservist may be released from the reserve by the Service Commander or an officer authorised in that behalf, at any time if—Part XVII – CIVIL OFFENCES CONCERNING THE DEFENCE FORCES
268. Application of this part
269. Obstructing the military police, etc
Any person who—270. [Repealed by Act No. 44 of 2016, s. 35.]
271. Procuring and assisting desertion
A person who—272. Pretending to be a deserter
Any person who falsely represents himself or herself to any service authority or civil authority to be a deserter or absentee without leave from the Defence Forces commits an offence and shall be liable, on conviction by a civil court, to imprisonment for a term not exceeding six months.273. Obstructing person in execution of duty
Any person who willfully obstructs or otherwise interferes with an officer or service member acting in the execution of a duty, commits an offence and shall be liable, on conviction by a civil court, to imprisonment for a term not exceeding six months.274. Aiding malingering
Any person who—275. Unlawful purchase of military stores, etc.
276. Refusal to receive persons billeted, etc.
A person who—277. Enforcement of requisitioning
278. Illegal dealings in documents relating to pay, pensions, mobilization, etc.
279. Unauthorised use of and dealing in uniform, decorations, etc
Part XVIII – VISITING FORCES
280. Interpretation of Part
In this Part—"appropriate authority", in relation to a country, means such authority as is appointed by the Government of that country for the purposes of this Part;"civilian component" means the civilian personnel accompanying a visiting force, who are employed in the service of the visiting force or are employed by an authorized service organization accompanying a visiting force, and who are not stateless persons or citizens of Kenya or persons ordinarily resident in Kenya;"dependant" means a person who is not ordinarily resident in Kenya and who is the wife, husband or a child of a member of a visiting force who is under the age of twenty one years;"designated country" means a country designated under section 281;"forces", in relation to a country, means the naval, military or air forces of that country;"member", in relation to a visiting force, includes a member of the civilian component of that visiting force, and a dependant;"sentence" includes any punishment awarded or imposed by a service court;"service court", in relation to a country, means a court established under the service law of that country, or any authority empowered by that service law to investigate or try charges, or any authority empowered by that service law to review the proceedings of such a court or authority;"service law", in relation to a country, means the laws governing the forces of that country; and"visiting force" means anybody of the forces of a designated country which for the time being is lawfully present in Kenya in time of peace under a treaty, agreement to which the Government is party to.281. Power to apply Part
282. Powers of service courts of visiting forces
283. Prosecution and trial for civil offences
284. Proof of certain facts
Part XIX – FINANCIAL PROVISIONS
285. Funds of the Defence Forces
286. Allocations of Funds
The National Assembly shall allocate adequate funds to enable the Defence Forces to perform its functions.287. Financial year
The financial year of the Defence Forces shall be the period of twelve months commencing on the first of July and ending on the thirtieth of June of the subsequent year.288. Annual estimates
At least three months before the commencement of each financial year, the accounting officer in the Ministry designated by the National Treasury shall cause to be prepared the estimates of the revenue and expenditure of the Defence Forces for that year.289. Accounts and audits
290. Reports
Part XX – MISCELLANEOUS
291. Uniforms of the Defence Forces
292. Precedence and command of members of Defence Forces
293. Exemptions from tolls, etc.
Duties or tolls for embarking from or disembarking on or securing alongside any pier, wharf, berth, quay or landing place, or for landing and taking off from an airstrip, airfield or airport, or for passing over any road, ferry or bridge, or for mooring or anchoring (which are maintained or run by public authorities) shall not be payable in respect of—294. Exemption from execution against public property
No judgment, decree or order given or made against a member of the Defence Forces by any court shall be enforced by the levying of execution on any property in the possession of the person against whom it is given or made which is public property used by the person for service purposes.295. Certain officers may take statutory declarations
296. Residence and next of kin to be recorded
297. Execution of wills
A will made by a member of the Defence Forces who has the legal capacity to make a will, shall be validly executed if it is in writing and—298. Administration of estates and missing persons
299. Uniforms and decorations not part of estate
Uniforms and decorations shall not be treated as part of the estate of a deceased member of the Defence Forces in relation to claims or creditors or for any of the purposes of administration under this Act or otherwise, and they shall be delivered to the Service Commander and thereafter disposed of in the manner to be prescribed by regulation.300. Property of deserter
301. Board of inquiry
302. Report of inquiry into absence to be recorded
303. Establishment of internal grievance mechanism
304. Regulations
305. Rules of Procedure
The Defence Council may make rules with respect to the investigation, trial of, and awarding of punishment for offences heard by, commanding officers and appropriate superior authorities, and, without prejudice to the generality of the foregoing, the rules may make provision with respect to—305A. Standing Orders
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
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.Part XXI – REPEALS, TRANSITIONAL AND SAVINGS PROVISIONS
309. [Spent]
310. Transitional and savings
311. Transfer of officers and members of the Defence Forces
A person who immediately before the commencement of this Act was serving as an officer or a service member of the Armed Forces shall, at the commencement of this Act, be deemed to be an officer or service member of the Defence Forces.312. Transfer of seconded or attached persons
A person who immediately before the commencement of this Act was an employee of the Government seconded or attached to the Armed Forces shall, upon the commencement of this Act, be deemed to have been seconded or attached under this Act.313. Transfer of members of the reserve force
A person who immediately before the commencement of this Act was serving as a reserve forces shall be regarded as having been enrolled as a member of the reserve force under this Act for the remainder of the predetermined period of the said service.314. Transfer of members of the constabulary
A person who immediately before the commencement of this Act was serving as a constabulary in the Armed Forces Constabulary shall be regarded as having been enrolled as a member of the constabulary under this Act for the remainder of the predetermined period of the said service.315. Transfer of assets, etc.
316. Continuous and sustainable reforms
The Defence Council shall put in place systems and policies of ensuring continuous and sustainable Defence Forces reforms.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
18 January 2019
06 March 2017
Amended by
Kenya Defence Forces (Amendment) Act, 2016
21 September 2012
17 September 2012
Commenced
27 August 2012
Assented to
Cited documents 9
Act 9
1. | Evidence Act | 9678 citations |
2. | Criminal Procedure Code | 5235 citations |
3. | Sexual Offences Act | 4851 citations |
4. | Oaths and Statutory Declarations Act | 647 citations |
5. | Anti-Corruption and Economic Crimes Act | 470 citations |
6. | Insurance (Motor Vehicle Third Party Risks) Act | 239 citations |
7. | Salaries and Remuneration Commission Act | 51 citations |
8. | Penal Code | 44 citations |
9. | Public Trustee Act | 5 citations |
Documents citing this one 139
Judgment 83
1. | Kamau v Kenya Accreditation Service (Petition E053 of 2021) [2021] KEELRC 8 (KLR) (30 July 2021) (Judgment) | 6 citations |
2. |