ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
218. Compensation for loss occasioned by wrongful act or negligence
Edition: 2022-12-31 · In force
218. Compensation for loss occasioned by wrongful act or negligence
(1)Without prejudice to the provisions of this Act as to the imposition of stoppages as a punishment, the following provisions shall have effect if, after the prescribed investigation, it appears to the Service Commander or an authorised officer that any loss of, or damage to public property has been occasioned by any wrongful act or negligence of an officer or service member (in this section referred to as the person responsible).(2)The Service Commander or authorised officer may order the person who is responsible to pay a specified sum as or towards compensation for the loss or damage, and any such sum may be deducted from the person's pay, so far as it has not otherwise been paid by the person responsible.(3)An order shall not be made under subsection (2) if, in proceedings before a court-martial, the commanding officer or the appropriate superior authority, the person responsible—(a)has been exonerated by a finding that the person was not guilty of the wrongful act or negligence in question; or(b)has been awarded stoppages in respect of the same loss or damage,but otherwise the fact that such proceedings have been brought in respect of the wrongful act or negligence in question shall not prevent the making of an order under subsection (2).