ADVOKS GLOBAL · KENYA
Government Proceedings Act
7. Provisions relating to the Kenya Defence Forces.
Edition: 2022-12-31 · In force
7. Provisions relating to the Kenya Defence Forces.
(1)Nothing done or omitted to be done by a member of the Kenya Defence Forces while on duty as such shall subject either him or the Government to liability in tort for causing the death of another person, or for causing personal injury to another person, in so far as the death or personal injury is due to anything suffered by that other person while he is a member of the Kenya Defence Forces if—(a)at the time when that thing is suffered by that other person, he is either on duty as a member of the Kenya Defence Forces or is, though not on duty as such, on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the Kenya Defence Forces; and(b)where that other person is a member of the Kenya Defence Forces, the Cabinet Secretary for the time being responsible for finance certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to a gratuity or pension under any written law relating to the disablement or death of members of the force of which he is a member:Provided that this subsection shall not exempt a member of the Kenya Defence Forces from liability in tort in any case in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of those forces.(2)No proceedings in tort shall lie against the Government for death or personal injury due to anything suffered by a member of the Kenya Defence Forces if—(a)that thing is suffered by him in consequence of the nature or condition of any land, premises, ship, aircraft or vehicle referred to in paragraph (a) of subsection (1), or in consequence of the nature or condition of any equipment or supplies used for the purposes of those forces; and(b)the Cabinet Secretary for the time being responsible for finance certifies as mentioned in paragraph (b) of subsection (1), nor shall any act or omission of an officer of the Government subject him to liability in tort for death or personal injury in so far as the death or personal injury is due to anything suffered by a member of the Kenya Defence Forces being a thing as to which the conditions aforesaid are satisfied.(3)The Cabinet Secretary for the time being responsible for Defence, if satisfied that it is the fact—(a)that a person was or was not on any particular occasion on duty as a member of the Kenya Defence Forces; or(b)that at any particular time any land, premises, ship, aircraft, vehicle, equipment or supplies was or was not, or were or were not, used for the purpose of the Kenya Defence Forces, may issue a certificate certifying that to be the fact; and any such certificate shall, for the purposes of this section, be conclusive as to the fact which it certifies.