PART IX – COURTS MARTIAL
Punishment by the court-martial
180. Punishment of officers
(1) The punishments that may be imposed on an officer by sentence of a court-martial are, subject to the limitations hereinafter provided, those set out in the following scale—
(a) death;
(b) imprisonment;
(c) dismissal from the Defence Forces;
(d) reduction in rank by one rank;
(e) forfeiture of up to twelve months seniority of rank;
(f) a fine not exceeding the equivalent of three months’ pay;
(g) severe reprimand or reprimand;
(h) admonition;
(i) where the offence has occasioned any expense, loss or damage, stoppages, and in relation to an officer references in this Act to punishments are references to those punishments; or
(j) fine not exceeding three million shillings.
(2) For the purposes of this Act, a punishment specified in any paragraph of the scale contained in subsection (1) shall be treated as less than the punishments specified in the preceding paragraphs, and greater than those specified in the succeeding paragraphs, of the scale.
(3) Except where expressly provided for by this Act, not more than one punishment shall be awarded under this section for one offence.
(4) Stoppages may be awarded either in addition to or without any other punishment.
(5) A severe reprimand or a reprimand may be awarded in addition to forfeiture of seniority of rank or a fine.
(6) If an officer is sentenced by a court-martial to imprisonment, the officer shall also be sentenced to dismissal from the Defence Forces and, if the court-martial fails to sentence the officer to such dismissal, the sentence of imprisonment shall not be invalid but shall be deemed to include a sentence of such dismissal.
181. Punishment of service members
(1) The punishments that may be awarded to a service member by sentence of a court-martial are, subject to the limitations hereinafter provided, those set out in the following scale—
(a) death;
(b) imprisonment;
(c) dismissal from the Defence Forces;
(d) where the offender is on active service on the day of the sentence, active service punishment for a period not exceeding ninety days;
(e) in the case of a warrant officer or non-commissioned officer, reduction in rank to private or corresponding rank, or any less reduction in rank;
(f) in the case of a warrant officer or non-commissioned officer, forfeiture of seniority of rank for up to a maximum of twelve months;
(g) a fine not exceeding the equivalent of three months’ pay;
(h) in the case of a warrant officer or non-commissioned officer, severe reprimand or reprimand;
(i) admonition; or
(j) where the offence has occasioned any expense, loss or damage, stoppages.
(2) For the purposes of this Act, a punishment specified in any paragraph of the scale contained in subsection (1) shall be treated as less than the punishments specified in the preceding paragraphs, and greater than those specified in the succeeding paragraphs, of the scale.
(3) Except where expressly provided for by this Act, not more than one punishment shall be awarded under this section for one offence.
(4) If a service member is sentenced by a court-martial to imprisonment, the member shall also be sentenced to dismissal from the Defence Forces and, if the court-martial fails to sentence the member to such dismissal, the sentence of imprisonment shall not be invalid but shall be deemed to include a sentence of such dismissal.
(5) If a warrant officer or non-commissioned officer is sentenced by a court-martial to imprisonment or active service punishment, that person shall also be sentenced to reduction in rank to private or corresponding rank and, if the court-martial fails to sentence that person to such reduction in rank, the sentence shall not be invalid but shall be deemed to include a sentence of such reduction in rank.
(6) In the case of a warrant officer or non-commissioned officer, a severe reprimand or a reprimand may be awarded by a court-martial in addition to forfeiture of seniority of rank or a fine.
(7) If an offender is on active service on the day of the sentence, a fine may be awarded in addition to active service punishment.
(8) Stoppages may be awarded by a court-martial either with or without any other punishment.
(9) Active service punishment shall consist of such duties or drills (in addition to those which the offender might be required to perform if not undergoing punishment) and such loss of privileges, as may be prescribed in the regulations, and may include confinement in such place and manner as may be prescribed and such personal restraint necessary to prevent the escape of the offender, as may be prescribed.
182. Restitution or compensation for theft, etc.
(1) This section applies if a person has been convicted by a court-martial, or having been dealt with summarily has been found guilty, of unlawfully obtaining any property, whether by stealing it, by receiving or retaining it knowing or having reason to believe it to have been stolen, by fraudulently misapplying it or by any other means.
(2) If any of the property unlawfully obtained has been found in the possession of the offender, the court-martial may order that it be delivered or paid to the person appearing to be its owner.
(3) If there has been found in the possession of the offender any property (other than money) appearing to have been obtained by the conversion or exchange of any of the property unlawfully obtained, the court-martial may order that it be delivered to the person appearing to be the owner of the property unlawfully obtained.
(4) If money is found in the possession of the offender, whether or not it appears to have been obtained as aforesaid, or any pay or other money is due or is to become due to the offender, an order may be made that the person appearing to be the owner of the property unlawfully obtained shall be paid a specified sum out of that money as or towards compensation for the loss caused by the offence, in so far as not otherwise made good under this Act or by the recovery of the property unlawfully obtained.
(5) If any of the property unlawfully obtained has been sold or given in pawn to some other person who did not then know that it had been unlawfully obtained, an order may be made that the other person, upon restoring to its owner the property sold or given as aforesaid, shall be paid a specified sum out of any money found in the possession of the offender (whether or not the money appears to be proceeds of the sale or giving in pawn) or out of any pay or other money due or to become due to the offender, as or towards compensation for the loss caused in consequence of the sale or giving in pawn.
(6) If any of the property unlawfully obtained has been given in exchange to some other person who did not then know that it had been unlawfully obtained, an order may be made that the other person, upon restoring to its owner the property given as aforesaid shall have restored the property given in exchange for the property unlawfully obtained.
(7) An order under this section may be made by the court-martial by whom the offender is convicted or by the commanding officer or appropriate superior authority making the finding of guilty, as the case may be, or by any reviewing authority.
(8) In this section “appearing” means appearing to the court, officer or authority making the order.
(9) The operation of an order under this section shall be suspended—
(a) if a notice of Appeal to the High Court against the conviction is lodged, until either the notice is withdrawn or the appeal is determined or abandoned; or
(b) in any other case, until the expiration of the period prescribed under section 188 as the period within which such notice may be lodged.
(10) If the operation of an order is suspended under subsection (9)—
(a) the order shall not take effect if the conviction is quashed on appeal;
(b) the High Court may by order annul or vary the order although the conviction is not quashed;
(c) the prescribed steps shall be taken for the safe custody, during the period which the operation of the order is suspended, of the property ordered to be restored or the money ordered to be paid.
(11) Despite subsections (9) and (10), an order under this section shall not be suspended, so far as it relates to the restoration of property to the person appearing to be its owner, if the court, officer or authority making the order directs to the contrary in any case in which the title to the property appears to be undisputed.
(12) An order under this section shall not bar the right of any person, other than the offender or a person claiming through the offender, to recover any property delivered or money paid under the order from the person to whom it is delivered or paid.
National penalties - national proceedings
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