ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
62. Offences by a person in command when in action
Edition: 2022-12-31 · In force
62. Offences by a person in command when in action
(1)A person who is subject to this Act commits an offence if that person, being in command of any aircraft, ship, vehicle or establishment of the Defence Forces—(a)fails to use the person's utmost exertions to bring into action any aircraft, ship or vehicle that it is the person's duty to bring into action;(b)surrenders to the enemy any aircraft, ship, vehicle of the defence, any establishment or any part of an establishment of the Defence Forces, when it is capable of being successfully defended or destroyed;(c)fails to pursue an enemy whom it is the person's duty to pursue, or to assist to the utmost of the person's ability any member of a friendly force whom it is the person's duty to assist; or(d)in the course of any action by or against the enemy, improperly abandons his or her command.(2)A person who commits an offence under subsection (1) shall be liable, upon conviction by a court-martial—(a)if the person acted traitorously, to suffer death or any other punishment provided for by this Act if the offence is committed with intent to assist the enemy; or(b)to imprisonment for life or any lesser punishment provided for by this Act, in any other case.