ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
69. Offences by or in relation to sentries, etc.
Edition: 2022-12-31 · In force
69. Offences by or in relation to sentries, etc.
(1)A person who is subject to this Act commits an offence if that person—(a)while on guard duty or watch—(i)sleeps at the person's post; or(iii)leaves the person's post without having been regularly relieved or otherwise leaves any place where it is the person's duty to be;(b)when not on duty at a post, is asleep at a time when the person is not allowed to be asleep; or(c)strikes or otherwise uses force against a person on guard duty or watch, being a member of the Defence Forces or any co-operating forces or of any visiting force; or(d)by the threat of force, compels any person contemplated in paragraph (c), to let any person pass.(2)For the purposes of subsection (1)(a)(ii), a person is drunk if, owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, the person—(a)is unfit to be entrusted with any duty that the person may be called upon to perform; or(b)behaves in a disorderly manner, or in a manner likely to bring discredit to the Defence Forces.(3)References in this section to a person on guard duty or watch are references to a person who—(a)is posted or ordered to patrol, or has adopted the position of sentry at a post or has undertaken the patrol;(b)is a member of a guard or other party mounted or ordered to patrol, for the purpose of protecting any persons, premises or place, or of controlling access to or egress from any premises or place, or of regulating traffic by road or rail or on any inland navigation; or(c)has been ordered to keep a specific watch.(4)A person who commits an offence under this section shall be liable, on conviction by a court-martial, to imprisonment—(a)for life or any lesser punishment provided for by this Act, if the offence was committed on active service; or(b)for not more than five years, in any other case.