Kenya

Kenya Defence Forces Act

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.

(2) Subject to subsection (1), a person may be nominated as a representative if—
(a) that person is an officer or a service member and remains as such while carrying out that function;
(b) that person consents to the nomination;
(c) the nominee is available and accessible at the time of the proposed trial; and
(d) the nominee is not of an equivalent rank or higher rank than the trial authority.

(3) The nominee under subsection (2) shall not be a person trained as a lawyer.

(4) Notwithstanding subsection (3), where the offence is punishable by death, the accused person shall be entitled to legal representation at the expense of the State.

Keywords

Fair trial standards



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