ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
185. Custody of court-martial records and right of accused to copy
Edition: 2022-12-31 · In force
185. Custody of court-martial records and right of accused to copy
(1)The record of the proceedings of a court-martial shall be kept in the custody of the Defence Court-martial Administrator and the respective Service Court-martial Administrator for the prescribed period.(2)Subject to this section, a person tried by a court-martial shall be entitled to obtain from the Defence Court-martial Administrator on demand at any time within the prescribed period a copy of the record of the proceedings of the court, on payment of the prescribed fee.(3)If a person tried by a court-martial dies within the prescribed period, the personal representative of that person shall be entitled to obtain from the Defence Court-martial Administrator on demand at any time within the prescribed period a copy of the record of the proceedings of the court, on payment of the prescribed fee.(4)If a person applies for a copy of the record of any proceedings under subsection (2) or subsection (3), and the Service Commander certifies that it is requisite for reasons of security that the proceedings or a part thereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or of that part and this decision may, upon application, be reviewed by the Defence Council.(5)In this section, "the prescribed period", in relation to any person tried by court-martial, means the period of six years beginning with the date of the acquittal or conviction.