Monday, August 3, 2015

Military jurisdiction over civilians in Kenya?

Questions are being raised about a cryptic report on the pending Kenya Defence Forces Bill. This Daily Nation article suggests that there is concern that one provision in the measure would permit the exercise of military jurisdiction over civilians accused of terrorism. Excerpt:
A report of the Kenya National Assembly Directorate of Legal Service seen by the Nation is at a loss as to what the drafters of the Bill seek to achieve by amending section 112 of the KDF Act 2012 which deals with court martials.

"Clause 18 of the Bill seeks to amend section 112 of the Act to insert the punitive provision which was lacking. 
"Does the new punishment seek to invoke the jurisdiction of a court martial for civilian suspects?" wonders the report. 
In Kenya, court martials are reserved for military personnel while the rest of Kenyans are tried in civilian courts.

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