ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
169. Court-martial to sit in open court
Edition: 2022-12-31 · In force
169. Court-martial to sit in open court
(1)Subject to this section, a court-martial shall sit in open court and in the presence of the accused.(2)A court-martial may sit in closed court if it considers it necessary or expedient in the interests of the administration of justice to do so, and without prejudice to that power a court-martial may order that, subject to any exceptions the court may specify, the public shall be excluded from all or any part of the proceedings of the court if it appears to the court that any evidence to be given or statement to be made in the course of the proceedings or that part, as the case may be, might otherwise lead to disclosure of any information which might directly or indirectly endanger security, to protect witnesses or vulnerable persons, morality and public order.(3)A court-martial shall sit in closed court while deliberating on its finding or sentence on any charge.(4)A court-martial may sit in closed court on any other deliberation amongst its members.(5)If a court-martial sits in closed court, any other person shall not be present except the members of the court and such other persons as may be prescribed.