ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
89. Damage to or loss of property
Edition: 2022-12-31 · In force
89. Damage to or loss of property
(1)A person subject to this Act commits an offence if that person—(a)does an act that causes damage to or the loss of any public, non- public property or any property belonging to another person subject to this Act; and(b)either—(i)intends to cause damage to or the loss of any such property, and there is no lawful excuse for his or her act; or(ii)is reckless as to whether he or she causes damage to or the loss of the property.(2)A person subject to this Act commits an offence if that person—(a)negligently, does an act that causes damage to or the loss of any public or non-public property; or(b)does an act that is likely to cause damage to or the loss of any public or non-public property and—(i)is reckless as to whether he causes damage to or the loss of the property; or(3)For the purposes of this section—(a)"act" includes an omission and references to the doing of an act are to be read accordingly;(b)references to "causing" include allowing;(c)"loss" includes temporary loss;(d)"property" means property of a tangible nature, and references to public property, non-public property, or property belonging to a person subject to this Act are to be read accordingly.(4)A person who commits an offence under this section is liable to upon conviction by a court-martial, to imprisonment for a term not exceeding fifteen years or to any lesser punishment provided for under this Act.