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The Kenya Defence Forces (Active Service Punishment) Regulations

Legal Notice 228 of 2017

This is the latest version of this Legal Notice.
The Kenya Defence Forces (Active Service Punishment) Regulations
Citation
Legal Notice 228 of 2017
Primary work
Kenya Defence Forces Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

KENYA DEFENCE FORCES ACT

THE KENYA DEFENCE FORCES (ACTIVE SERVICE PUNISHMENT) REGULATIONS

LEGAL NOTICE 228 OF 2017

  • Published in Kenya Gazette Vol. CXIX—No. 132 on 8 September 2017
  • Commenced on 8 September 2017
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Kenya Defence Forces (Active Service Punishment) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Act" means the Kenya Defence Forces Act (Cap. 199); and"Constabulary" means a support staff unit established under section 30(1)(b) of the Act.

3. Places where punishment may be carried out

(1)An offender shall undergo active service punishment with the unit to which he or she belongs or to which he or she is for the time being attached.
(2)Where the officer commanding anybody of service members or any command or other area has appointed an officer to supervise the carrying out of active service punishment, the offender may be required to undergo the whole or any part of his punishment elsewhere under the supervision of that officer.

4. Nature of punishment

(1)Active service punishment consists of one or more of the following, in addition to those duties which an offender might be required to perform if he or she were not undergoing punishment—
(a)solitary confinement not exceeding three days in any one week and in such place and such manner as may be directed by the officer commanding the unit in which the offender undergoing the punishment is serving, or by the officer appointed to supervise the carrying out of such punishment;
(b)additional drill not exceeding three separate periods of one hour each in any one day with an interval of not less than one hour between each drill:Provided that such drill shall not be performed on a day which is set aside for divine service of the religious denomination to which the offender belongs; or
(c)such other duties and loss of privileges as may be directed by the officer commanding the unit in which the offender undergoing the punishment is serving, or by the officer appointed to supervise the carrying out of the punishment; but so that an offender shall not be subjected to any treatment to which he or she could not be subjected if he or she were undergoing a sentence of imprisonment in a service prison.
(2)The punishments enumerated in paragraph (1) shall be performed in accordance with the law.

5. Personal restraint

(1)An offender may not be placed under personal restraint except—
(a)to prevent his escape; or
(b)to protect himself or others from injury.
(2)An offender shall not be placed under personal restraint except in accordance with the following conditions—
(a)the period for which the offender may be kept continuously under personal restraint shall not exceed twenty-four hours:Provided that the officer superior in command to the officer supervising the personal restraint may authorize such additional period as he may consider necessary so long as the total period of such restraint does not exceed forty-eight hours at any one time; and
(b)handcuffs shall not be placed with the hands of the offender behind his body unless it is necessary by reason of this violence.
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History of this document

31 December 2022 this version
08 September 2017
Commenced
Read this version