ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
232. Requisitioning directions
Edition: 2022-12-31 · In force
232. Requisitioning directions
(1)A requisitioning order may be issued to the officer commanding any part of the Defence Forces, and that officer, or any officer or service member authorised in writing, may give directions for the provision—(a)in so far as the requisitioning order authorises the requisitioning of specified vehicles, of all or any of those vehicles; or(b)in so far as the order authorizes the requisitioning of vehicles of a specified description, of the number of vehicles of that description specified in the order or any lesser number of such vehicles.(2)A direction under subsection (1), given as respects a vehicle, shall be a direction given to the person having possession of the vehicle either—(a)to furnish it immediately at the place where it is; or(b)to furnish it at a place within one hundred kilometers from the premises of that person, at a time specified by the officer or service member giving the direction, but no direction shall be given under this paragraph as respects either a vehicle that is not mechanically propelled, or a trailer normally drawn by a mechanically propelled vehicle.(3)If the officer to whom the requisitioning order was issued, or any officer or service member authorised in writing—(a)is satisfied that a person Who has been directed to furnish a vehicle under subsections (1) and (2) has refused or failed to furnish it in accordance with that direction; or(b)has reasonable grounds for believing that it is not practicable without undue delay to give such a direction to the person having possession of the vehicle,the person may take, or authorise any officer or service member to take, possession of the vehicle and, if possession is taken of a vehicle under this subsection, this Part shall, with the necessary modifications, apply as if the vehicle had been furnished by the person having possession of the vehicle in accordance with a direction to furnish it immediately at the place where it is, and, in particular, payment shall be made therefore as if it had been so furnished.(4)The police officer in charge of police for any area specified in a requisitioning order shall, on being so requested by or on behalf of the officer to whom the requisitioning order was issued, give instructions for securing that so far as practicable police officers will be available, if required, for accompanying officers or service member requisitioning vehicles under the requisitioning order.