Kenya Defence Forces Act

160. Constitution of the courts martial

Edition: 2022-12-31 · In force

(1)In the case of any proceedings, the courts martial established under Article 169 of the Constitution shall consist of—

(a)a Judge Advocate, appointed under section 165, who shall be the presiding officer;

(b)at least five other members, appointed by the Defence Court-martial Administrator if an officer is being tried; and

(c)not less than three other members in any other case.

(2)The members of the court-martial shall be officers so qualified and not ineligible in accordance with section 164.

(3)At least one of the members provided for in subsection (1) shall be—

(a)of equivalent rank as the accused person where the accused person is an officer; and

(b)the lowest ranking officer in the Defence Forces who is available at the time where the accused person is a service member.

(4)The Chief Justice may make rules generally to regulate the administration and proceedings of the courts martial.[Act No. 44 of 2016, s. 26.]