ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
106. Offences concerning courts martial
Edition: 2022-12-31 · In force
106. Offences concerning courts martial
(1)A person who is subject to this Act commits an offence if that person—(a)having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply with the summons or order;(b)refuses to swear an oath or affirm when duly required by a court-martial to do so;(c)refuses to produce any document in the person's custody or under the person's control, and which a court-martial has lawfully required the person to produce;(d)when as a witness, refuses to answer any question which a court- martial has lawfully required the person to answer;(e)willfully insults or intimidates any person who is a member of a court-martial or a witness, or any other person whose duty it is to attend on or before the court, while that person is acting as a member thereof or is so attending, or willfully insults any person while that person is going to or returning from the proceedings of the court; or(f)willfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court.(2)A person who commits an offence under subsection (1) shall be liable, on conviction by court-martial, other than the court in relation to which the offence was committed, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act.(3)Despite subsection (2), if an offence under subsection (2)(e) or (f) is committed in relation to a court-martial, that court-martial may, by order under the hand of the presiding officer, order the offender to be imprisoned for a term not exceeding twenty-one days, if the court-martial considers that it is expedient that the offender should be dealt with summarily by the court instead of being brought to trial before another court-martial.