ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
168. Oaths and affirmations
Edition: 2022-12-31 · In force
168. Oaths and affirmations
(1)An oath shall be taken by every member of a court-martial, the Judge Advocate and any other person attending as interpreter person recording the proceedings or officer under instruction.(2)Every witness before a court-martial shall give evidence on oath, but—(a)if a child called as a witness does not, in the opinion of the court, understand the nature of the oath, the child's evidence may be received unsworn if in the opinion of the court the child is sufficiently intelligent to justify the evidence being received and understands the duty of speaking the truth, but if the child's evidence is given unsworn on behalf of the prosecution, the accused may not be convicted upon that evidence unless it is corroborated by some other material evidence supporting it and implicating the accused; or(b)if a person objects to being sworn on the ground either that the person has no religious belief or that the taking of an oath is contrary to the person's religious belief, or if it is not reasonably practicable to administer an oath to a person in the manner appropriate to the person's religious belief, that person shall make an affirmation instead.(3)An oath or affirmation required to be made under this section shall be in the prescribed form and shall be administered at the prescribed time, by the prescribed person and in the prescribed manner.