ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
176. Decision of court-martial
Edition: 2022-12-31 · In force
176. Decision of court-martial
(1)Subject to this section, every question to be determined on a trial by a court-martial shall be determined by a majority of the votes of the members of the court.(2)The Judge Advocate is not entitled to vote on the finding.(3)In the case of an equality of votes on the finding, the court shall acquit the accused.(4)In the case of an equality of votes on the sentence, the Judge Advocate has a casting vote.(5)A conviction, where the only punishment that the court can award is death shall not have effect unless it is reached with the concurrence of all members of the court and, where all the members do not concur in a conviction in such a case, the presiding officer shall declare a mistrial and the accused may be tried by another court.