ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
209. Trial of offence after offender ceases to be subject to Act
Edition: 2022-12-31 · In force
209. Trial of offence after offender ceases to be subject to Act
(1)Subject to section 211, if a person who is subject to this Act has committed, or is reasonably suspected to have committed an offence under Part VI, the person shall, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation or charges, trial and punishment by a court-martial and execution of sentences in relation to that offence or suspected offence, be treated, as being still subject to this Act, although that the person may have ceased to be subject to this Act.(2)If a person—(a)who is treated, by virtue of subsection (1), as being still subject to this Act and is in service custody; and(b)while in such custody (whether before or after trial) commits, or is reasonably suspected of having committed, an offence which, if he or she were actually subject to this Act, would be an offence under Part VI,for the purposes of the provisions under subsection (1) and the provisions of this Act relating to dealing summarily with charges in relation to that offence or suspected offence, that person shall be treated as having been subject to this Act when the offence was committed or is suspected of having been committed and as continuing to be subject to this Act thereafter.(3)If a person who is treated as being at any time subject to this Act by virtue of either or both of subsections (1) and (2), such treatment shall extend to the person—(a)if the person holds any rank in the Defence Forces, as to a person having that rank;(b)in any other case, as to a person having the rank which the person held when last actually subject to this Act.(4)If, under subsection (3), any provision of this Act, apart from this subsection, would apply to a person in relation to different offences, as to a person having different ranks, it shall apply to the person as to a person having the lower or lowest of those ranks.