ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
212. Persons not to be tried under this Act for offences already disposed of
Edition: 2022-12-31 · In force
212. Persons not to be tried under this Act for offences already disposed of
(1)A person who is subject to this Act shall not be liable in respect of an offence to be tried by a court-martial or to have the case dealt with summarily if the person—(a)has been tried for that offence by a competent civil court or under Part VI, or has had an offence committed by the person taken into consideration by any court or by a court-martial in sentencing the person; or(b)has been charged with an offence under Part VI, and has had the charge dismissed, or has been found guilty on the charge, by the person's commanding officer or the appropriate superior authority; or(c)has had an offence condoned by the person's commanding officer or the appropriate superior authority, as the case may be.(2)For the purposes of this section—(a)a case shall be deemed to have been dealt with summarily by the commanding officer or appropriate superior authority despite the fact that the finding of that officer or authority has been quashed, or the award of that officer or authority quashed or varied, on the review;(b)an offence shall be deemed to have been condoned by the commanding officer of a person alleged to have committed the offence if, and only if, that officer or any officer authorised in relation to the alleged offence, with knowledge of all relevant circumstances, has informed the person that charges will not be brought against the person in relation to the alleged offence;(c)a person ordered under section 106(2) to be imprisoned for an offence under that section shall be deemed to have been tried by a court- martial for the offence.(3)Except as provided for under this section, proceedings for an offence under Part VI (whether before a court-martial or before a commanding officer or appropriate superior authority) shall not be barred on the ground of condonation.Military Prosecutions