Kenya

Kenya Defence Forces Act

PART IX – COURTS MARTIAL

Finding of insanity

178. Where accused incapable of making defence

(1) If, on the trial of a person by a court-martial, the court is of the opinion that the accused is of unsound mind and consequently incapable of making a defence, the court shall so find.

(2) A finding under subsection (1) shall not have effect until it is promulgated in terms of section 183 of this Act.

(3) If a finding under subsection (1) has been promulgated, it shall forthwith be reported to the President, and the accused shall be kept in custody during the President’s pleasure in such place and manner as the President may direct, and pending the President’s directions the accused shall be kept in service custody.

(4) A finding under subsection (1) of this section shall not be a bar to further proceedings under this Act.

Keywords

Incapacity - national proceedings



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