ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
157. Option election by accused to be tried by court-martial
Edition: 2022-12-31 · In force
157. Option election by accused to be tried by court-martial
(1)Before dealing with a charge summarily, the commanding officer or appropriate superior authority, as the case may be, shall give the accused the opportunity to opt to be tried by a court-martial.(2)If an accused opts to be tried by a court-martial, the commanding officer or appropriate superior authority, as the case may be, shall refer the charge to the Director of Military Prosecutions who shall be the final authority in deciding whether the charges should be dealt with by court martial or be referred back to summary trial.(3)If two or more charges against an accused are to be heard summarily together, an option stands for trial by a court-martial in respect of any of the charges.(4)If, after the start of a summary hearing—(b)a charge is substituted for another charge; or(c)an additional charge is brought,this subsection shall apply to the amended, substituted or additional charge as if the reference in subsection (1) to dealing with a charge summarily were a reference to proceeding with the hearing.(5)If the accused refuses to make an option, that refusal shall be treated as option to be tried by a court-martial and the accused shall be so informed.(6)The accused may withdraw an option to be tried by a court-martial at any time before the court-martial is convened.