Kenya

Kenya Defence Forces Act

PART VI – SERVICE OFFENCES

Treachery, Cowardice and Offences Arising out of Service

70. Looting and pillaging

(1) A person who is subject to this Act commits an offence if, without lawful excuse, that person—

(a) takes or steals any property from a person who has been killed, injured, captured or detained in the course of an action or operation of the Defence Forces or of any force co-operating with them; or

(b) steals any property that has been left exposed or unprotected in consequence of an action or operation of the Defence Forces or of any force co-operating with them; or

(c) takes any aircraft, ship, vehicle, equipment or stores abandoned by the enemy, other than for the public service;

(d) searches such a person with the intention of taking property from the person.

(2) A person who is subject to this Act commits an offence if, without lawful excuse, that person—

(a) takes any property which has been left exposed or unprotected in
consequence of—
(i) an action or operation of the Defence Forces or of any force co-operating with them; or
(ii) an event, or state of affairs, in relation to which such an action or operation is undertaken; or

(b) searches any place or thing with the intention of taking property of a
description mentioned in paragraph (a).

(3) A person who is subject to this Act commits an offence if that person takes otherwise than for the public service any vehicle, equipment or stores abandoned by an enemy.

(4) A person who commits an offence under this section, shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding ten years or any lesser punishment provided for under this Act.

Keywords

Pillaging - IAC
Pillaging - NIAC



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