'Attempt' in document 'Kenya- Defence Forces Act 2012'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART VI – SERVICE OFFENCES

General provisions on offences and trials

57. Persons guilty of an offence

(2) A person subject to this Act who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence.

PART VI – SERVICE OFFENCES

Miscellaneous Offences

131. Attempt to commit an offence

A person subject to this Act who attempts to commit an offence under any of the provisions of this Act commits an offence and shall be liable, on conviction by a court-martial, toβ€”

(a) imprisonment for a term not exceeding seven years, if the attempted
offence is punishable by death or by imprisonment for life; or

(b) the same punishment as is provided for the attempted offence, in this Act or any other law.

RELEVANT ROME STATUTE PROVISIONS

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.