'Rights during trial - legal assistance' in document 'Kenya- Defence Forces Act 2012'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART VIII – SUMMARY DISCIPLINARY PROCEEDINGS

151. Rights and representation of an accused person during trial

(1) An accused person who is subject to this Act shall be informed of the charges against him or her and of his or her right to be represented during the summary disciplinary proceedings or trial.

PART VIII – SUMMARY DISCIPLINARY PROCEEDINGS

154. Hearing procedures

(1) If a person who is subject to this Act accepts summary trial, that person or his or her representative may present evidence and call witnesses during the hearing.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it