The Defence Principal Secretary, Dr. Patrick Mariru, this week presented the Kenya Defence Forces (Court Martial) (Procedure) and (Appeals) Rules, 2024 to the National Assembly’s Delegated Legislation Committee, highlighting their importance in ensuring fair hearings and trials for military personnel. These rules, formulated under section 306 of the Kenya Defence Forces Act, Cap 199, are designed to standardize court martial procedures, enhancing transparency and justice within the military justice system.
Dr. Mariru, accompanied by Major General David Ketter, Assistant Chief of Defence Forces for Personnel and Logistics, and Brigadier Yvonne Kerubo, Chief of Legal Services, affirmed that the Ministry followed due regulatory processes in collaboration with the judiciary. This included extensive public participation involving military personnel, Judicial Officers, the Office of the Director of Public Prosecutions, and the State Law Office. He assured the Committee, chaired by Hon. Samuel Chepkonga, that the new rules align with the Constitution and the Kenya Defence Forces Act, ensuring that the rights to fair administrative action and fair trial, as outlined in Articles 47 and 50 of the Constitution, are upheld for KDF personnel.
As a subordinate court under the High Court’s supervisory jurisdiction, courts martial are expected to adhere to these procedural improvements. The Chief Justice gazetted the rules, which now await the Committee’s approval in line with the Statutory Instruments Act, Cap 2A.
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