ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
152. Conditions to be satisfied
Edition: 2022-12-31 · In force
152. Conditions to be satisfied
(1)A commanding officer or appropriate superior authority may try an accused person by summary trial if the following conditions are satisfied—(a)the accused person is within the prescribed ranks, that the commanding officer or appropriate superior authority is authorised to deal with;(b)having regard to the gravity of the offence, the commanding officer considers that his or her powers of punishment are adequate;(c)if the accused person has the right to elect to be tried by a court-martial, the accused person has not elected to be so tried;(d)the offence is not one that, according to regulations, the commanding officer is precluded from trying; and(e)the commanding officer does not have reasonable grounds to believe that the accused person is unfit to stand trial or was suffering from a mental disorder at the time of the commission of the alleged offence.(2)Unless it is not practicable, having regard to all the circumstances, for any other commanding officer to conduct the summary trial, a commanding officer may not preside at the summary trial of a person charged with an offence if the commanding officer laid the charge or caused it to be laid or is the complainant.