Kenya Defence Forces Act

Section 1. Short title Section This Act may be cited as the Kenya Defence Forces Act.

Section 2. Interpretation Section 2(1)(a) assists, encourages, advises, instigates, counsels, commands, or procures another to commit an offence; or Section 2(1)(b) shares in the criminal purpose of design; Section 2(1)(a) parts or components of, or accessories for, aircraft, whether for the time being in an aircraft or not; Section 2(1)(b) engines, armaments, ammunition, bombs and other missiles of any description in, or for use in, an aircraft; Section 2(1)(c) any other gear, apparatus or instruments in, or for use in, an aircraft; Section 2(1)(d) any apparatus used in connection with the taking-off or landing of aircraft, or for detecting the movement of aircraft; Section 2(1)(e) any fuel used for the propulsion of aircraft; and Section 2(1)(f) any material used as a lubricant for aircraft or aircraft material; Section 2(1)(a) an offence under Part XVII; Section 2(1)(b) an offence under a written law other than this Act; or Section 2(1)(c) an act which, if committed in Kenya, would constitute an offence contemplated in paragraph (a) or (b); Section 2(1)(a) any person or country committing external aggression against Kenya; Section 2(1)(b) any person belonging to a country commit...

Section 3. Guiding principles Section strive for the highest standards of professionalism and discipline amongst its members;

Section 4. Application of the Act Section every member of the regular forces;

Section 5. Application to civilians Section 5(1)(a) outside Kenya; or Section 5(1)(a)(i) outside Kenya; or Section 5(1)(a)(ii) on operations against the enemy; and Section 5(1)(b) has consented, in writing, to subject himself or herself to this Act while so accompanying that part of the Defence Forces. Section 5(2) The Defence Council shall, by regulations, prescribe the form and manner in which the consent under subsection (1)(b) may be obtained. Section 5(3)(a) participates with that unit or other element in the carrying out of any of its movements, manoeuvres, duties in aid of a State organ, duties in a disaster or warlike operations; Section 5(3)(b) is accommodated or provided with rations at the person’s own expense or otherwise by that unit or other element in any country or at any place designated by the Defence Council; Section 5(3)(c) is a dependant outside Kenya of an officer or non-commissioned member serving beyond Kenya with that unit or other element; or Section 5(3)(d) is embarked on a vessel or aircraft of that unit or other element.

Section 6. Constitution of the Defence Forces Section 6(1)(a) the Kenya Army; Section 6(1)(b) the Kenya Air Force; and Section 6(1)(c) the Kenya Navy. Section 6(2)(a) the regular force consisting of officers and service members; Section 6(2)(b) the reserve force, consisting of the regular and volunteer reserve, as determined by the Defence Council or national legislation; and Section 6(2)(c) the cadet forces, as may be determined, from time to time, by the Defence Council. Section 6(3) The composition of command of the Defence Forces shall reflect the regional and ethnic diversity of the people of Kenya.

Section 7. Determination of strength of Defence Forces Section 7(1) The Defence Forces shall consist of such maximum number of members as shall be determined, from time to time, by the National Security Council, on the recommendation of the Defence Council. Section 7(2) There shall be established such units and formations in the Defence Forces as the President may, in consultation with the Defence Council, determine. Section 7(3) Under the direction of the President, the Cabinet Secretary shall, by notice in the Gazette , assign names to units and formations of the Defence Forces and vary or replace any such names.

Section 8. Functions of the Defence Forces Section 8(1)(a) shall be responsible for the defence and protection of the sovereignty and territorial integrity of the Republic; Section 8(1)(b) shall assist and co-operate with other authorities in situations of emergency or disaster and report to the National Assembly whenever deployed in such circumstances; and Section 8(1)(c) may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly. Section 8(2)(a) act in a partisan manner; Section 8(2)(b) further any interest of a political party or cause; or Section 8(2)(c) prejudice a political interest or political cause that is legitimate under the Constitution. Section 8(3) Deleted by ActNo. 44 of 2016, s. 3. Section 8(4) Deleted by ActNo. 44 of 2016, s. 3. [Act No. 44 of 2016 , s. 3.]

Section 9. The Commander-in-Chief of the Defence Forces Section 9(1) Pursuant to Article 131(1)(c) of the Constitution, the President is the Commander-in-Chief of the Defence Forces. Section 9(2)(a) appoint the Chief of the Defence Forces, Vice Chief of the Defence Forces and the three Service Commanders; and Section 9(2)(b) be responsible for the organization and command of the Defence Forces. Section 9(3) Any person appointed as Chief of the Defence Forces, Vice Chief of the Defence Forces or a Service Commander shall, on being appointed, take and subscribe to the oath or affirmation of office prescribed in the First Schedule. Section 9(4) In making the appointments under subsection (2), the President shall ensure that the appointments reflect the regional and ethnic diversity of the people of Kenya.

Section 10. Functions of the Cabinet Secretary Section be the principal adviser to the President on matters relating to defence policy;

Section 11. Delegation of powers and assignment of duties by Cabinet Secretary Section 11(1) The Cabinet Secretary may, where appropriate and in writing, delegate any power or assign any duty conferred on him or her under this Act to an employee of the Ministry. Section 11(2) A delegation or assignment under subsection (1) shall not prevent the Cabinet Secretary from exercising the power in question in person. Section 11(3)(a) shall be subject to any conditions the Cabinet Secretary may impose; Section 11(3)(b) shall not divest the Cabinet Secretary of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and Section 11(3)(c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or amended by the Cabinet Secretary.

Section 12. Functions of the Chief of the Defence Forces Section be the principal adviser to the President and Cabinet Secretary on any military, operational and administrative matters within the competence of the Chief of the Defence Forces;

Section 13. Delegation of powers by Chief of the Defence Forces Section 13(1)(a) any member of the Defence Forces, in line with the chain of command. Section 13(1)(b) deleted by ActNo. 44 of 2016, s. 7(b). Section 13(2) A delegation or assignment under subsection (1) shall not prevent the Chief of the Defence Forces from exercising the power in question in person. Section 13(3)(a) shall be subject to any conditions the Chief of the Defence Forces may impose; Section 13(3)(b) shall not divest the Chief of the Defence Forces of the responsibility concerning the exercise of the powers or the performance of the duty delegated, and Section 13(3)(c) may be withdrawn and any decision made by the person to whom delegation is made may be withdrawn or amended by the Chief of the Defence Forces. Section 13(4) In delegating any power or duty under this section, the Chief of the Defence Forces shall not delegate a power exercisable by an officer of a specific rank, seniority or qualification as provided for in this Act, to an officer of a rank or seniority or who holds a qualification other than that contemplated by this Act. [Act No. 44 of 2016 , s. 7.]

Section 14. Vice Chief of the Defence Forces Section 14(1) There is established the office of the Vice Chief of the Defence Forces which shall be a State office. Section 14(2) The Vice Chief of the Defence Forces shall perform such functions and exercise such powers as are assigned by the Chief of the Defence Forces under this Act or any other written law.

Section 15. Service Commanders Section 15(1)(a) Kenya Army; Section 15(1)(b) Kenya Air Force; and Section 15(1)(c) Kenya Navy. Section 15(2) A Service Commander of a Service of the Defence Forces shall, command, control and administer the Service for which he or she is responsible.

Section 16. Functions of the Service Commanders Section command, control and administer the service to which he or she is responsible, in accordance with the Constitution, this Act or any other written law, under the authority of the Chief of the Defence Forces or the Cabinet Secretary, as applicable;

Section 17. Delegation by Service Commander Section 17(1)(a) any member of the Service for which he or she is responsible for in line with the chain of command; or Section 17(1)(b) any employee of the Ministry, with the approval of the Cabinet Secretary and the Chief of the Defence Forces. Section 17(2) A delegation or assignment under subsection (1) shall not prevent the Service Commander from exercising the power in question in person. Section 17(3)(a) shall be subject to any conditions the Service Commander may impose; Section 17(3)(b) shall not divest the Service Commander of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and Section 17(3)(c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or amended by the Service Commander. Section 17(4) In delegating any power or duty under this section, the Service Commander shall not delegate a power exercisable by an officer of a specific rank, seniority or qualification as provided for in this Act, to an officer of a rank or seniority or who holds a qualification other than contemplated by this Act. [Act No. 44 of 2016 , s. 9(a).]

Section 18. Functions of the National Security Council in relation to the Defence Forces Section determine, from time to time, the strength of the Defence Forces on the recommendation of the Defence Council;

Section 19. Composition of the Defence Council, etc Section 19(1)(a) the Cabinet Secretary, who is the chairperson; Section 19(1)(b) the Chief of the Defence Forces; Section 19(1)(c) the three Service Commanders of the Defence Forces; and Section 19(1)(d) the Principal Secretary. Section 19(2) The Defence Council shall appoint a public officer or a member of the Defence Forces to be the secretary to the Council. Section 19(3) Acts and instructions of the Defence Council shall be signified, by a command of the Council, under the hand of the chairperson and the secretary to the Council. Section 19(4)(a) communicating the decisions of the Defence Council; and Section 19(4)(b) performing any other function as may be assigned from time to time by the Defence Council.

Section 20. Functions of the Defence Council Section 20(1)(a) shall exercise oversight role on the training or undertaking of instructions of members of the Defence Forces in any country outside Kenya; Section 20(1)(b) shall, upon approval by Parliament in accordance with Article 240(8) of the Constitution, order any member to proceed to any place outside Kenya for purposes of undertaking any duty related to the functions of the Defence Forces or employment; Section 20(1)(c) shall receive and act on reports submitted to the Defence Council by the Cabinet Secretary, the Chief of the Defence Forces and Service Commanders; Section 20(1)(d) shall formulate overall Defence Forces policy referred to under Article 241(7)(a) of the Constitution; Section 20(1)(e) shall monitor the implementation of the policies referred to under paragraph (d); Section 20(1)(f) shall receive and where necessary, upon request review findings and sentences arising out of summary disciplinary proceedings; Section 20(1)(g) shall advice the President on any matter relating to and affecting the Defence Forces; Section 20(1)(ga) shall direct and oversee the deployment of the Defence Forces as authorised under this...

Section 21. Conduct of business and affairs of the Defence Council Section 21(1) The business and affairs of the Defence Council shall be conducted in accordance with the Second Schedule. Section 21(2) Except as provided for in the Second Schedule, the Defence Council may regulate its own procedure.

Section 22. Committees of the Defence Council Section 22(1) The Defence Council may establish committees for the effective discharge of its functions. Section 22(2) The Defence Council may co-opt into the membership of the committees established under subsection (1) other persons whose knowledge and skills are considered necessary for the functions of the Council. Section 22(3) Any person co-opted into a committee of the Defence Council under subsection (2) may attend the meetings of the Council and participate in its deliberations, but shall not participate in the making of decisions.

Section 23. Appointments Section 23(1) The Chief of the Defence Forces, the Vice Chief of the Defence Forces and the three Service Commanders shall be appointed by the President on the recommendation of the Defence Council. Section 23(2)(a) is a citizen of Kenya pursuant to Article 78 of the Constitution; Section 23(2)(b) is a member of the regular Defence Forces; and Section 23(2)(c) meets the requirements of Chapter Six of the Constitution. Section 23(3)(a) seniority; Section 23(3)(b) military and formal civil education; Section 23(3)(c) the possession of a relevant degree from a university or an institution recognized in Kenya or such other equivalent qualifications as may be approved by the Defence Council; and Section 23(3)(d) military and security experience. Section 23(4)(a) ensure that the provisions of Articles 27 and 241(4) of the Constitution are respected and upheld; and Section 23(4)(b) be guided by the provisions of Article 73(2)(a), (b) and (d) of the Constitution.

Section 24. Term of office Section 24(1) The Chief of the Defence Forces, the Vice Chief of the Defence Forces and the Service Commanders shall serve for a single term of four years or retire upon the attaining of the mandatory retirement age, whichever comes first. Section 24(2) Notwithstanding subsection (1), the President may on the recommendation of the Defence Council extend the term of office of the Chief of the Defence Forces, the Vice Chief of the Defence Forces or the Service Commanders for a period not exceeding one year in times of war or emergency. [Act No. 44 of 2016 , s. 11.]

Section 25. Determination of salaries Section The Salaries and Remuneration Commission shall set and regularly review the remuneration and benefits of the Chief of the Defence Forces, the Vice Chief of the Defence Forces and three Service Commanders in accordance with Article 230(4) of the Constitution and the Salaries and Remuneration Act (Cap. 412D).

Section 26. Removal, retirement and deployment from Defence Forces Section The President may remove, retire or redeploy the Chief of the Defence Forces, the Vice Chief of the Defence Forces or any of the Service Commanders at any time before the expiry of the term of office.

Section 27. Vacancy Section 27(1)(a) dies; Section 27(1)(a)(i) dies; Section 27(1)(a)(ii) resigns from office by a notice in writing addressed to the President; Section 27(1)(a)(iii) is retired, redeployed or removed from office in accordance with section 26 ; Section 27(1)(a)(iv) is dismissed from the Defence Forces by a court-martial; Section 27(1)(b) the holder's commission is terminated; or Section 27(1)(c) the holder's service is terminated on disciplinary or any other ground. Section 27(2) Where a vacancy occurs under subsection (1), the President shall appoint a replacement in accordance with section 23 .

Section 28. Recruitment and appointment of members of Defence Forces Section 28(1) The Defence Council shall recruit and appoint members of the Defence Forces, other than the members who are State Officers. Section 28(2) In developing the criteria for the recruitment, promotion and transfer of members of the Defence Forces, the Defence Council shall consult with the Public Service Commission. Section 28(3) The Defence Council shall advertise the designated recruitment centres for all the counties at least thirty days before recruitment. Section 28(4) The criteria developed under subsection (2) shall comply with the Constitution and this Act. Section 28(5) The Defence Council may, in the prescribed manner and on its behalf, appoint a person authorised to recruit service members into the Defence Forces. Section 28(6) The recruitment and appointment procedure under this Act shall comply with Article 232(1)(g), (h) and (i) of the Constitution. [Act No. 44 of 2016 , s. 12.]

Section 29. Terms and conditions of service of members of the Defence Forces Section 29(1) The Defence Council shall, on the advice of the Salaries and Remuneration Commission, determine the salaries of the members of the Defence Forces. Section 29(2) The Defence Council shall, in consultation with the Public Service Commission, determine the conditions of service of members of the Defence Forces.

Section 30. Defence controlled unit and constabulary Section 30(1)(a) establish defence controlled units of the Defence Forces, which shall be under the Chief of the Defence Forces; Section 30(1)(b) establish a support staff unit to be known as the constabulary. Section 30(2) The Defence Council shall by regulations determine the extent to which this Act shall apply to the members of the units created under subsection (1)(a) and (b).

Section 31. Co-operation with other authorities Section 31(1)(a) shall assist and co-operate with other authorities in situations of emergency or disaster, and report to the National Assembly whenever deployed in such circumstances; Section 31(1)(b) may be deployed to restore peace in any part of Kenya affected by unrest or instability but only with the approval of the National Assembly; and Section 31(1)(c) shall, in the interest of national security, co-operate and work with other security organs in the discharge of its constitutional mandate. Section 31(2)(a) reasons for such deployment; Section 31(2)(b) place where the Defence Forces is being deployed; Section 31(2)(c) period for which the Defence Forces is expected to be deployed; Section 31(2)(d) expenditure incurred or expected to be incurred. Section 31(3) If the National Assembly is not in session during the first seven days after the deployment of the Defence Forces as contemplated in subsection (2), the Cabinet Secretary shall provide the information required under subsection (2) to the Speaker of the National Assembly. [Act No. 44 of 2016 , s. 13.]

Section 32. Deployment of Defence Forces to restore peace in Kenya Section 32(1) Pursuant to Article 241(3)(c) of the Constitution, the Defence Council shall deploy the Defence Forces in any part of Kenya affected by unrest or instability to restore peace upon approval by the National Assembly. Section 32(2) Whenever the Defence Forces are deployed to restore peace in any part of Kenya pursuant to subsection (1), the Chief of the Defence Forces shall be responsible for the administration, control and overall superintendence of the operation. [Act No. 44 of 2016 , s. 14.]

Section 33. Deployment in support of National Police Service Section 33(1) The Defence Forces may be deployed in a joint operation and in support of the National Police Service and other authorities in situations of emergency or disaster. Section 33(2) Deleted by ActNo. 44 of 2016, s. 15(b). Section 33(3) Whenever the Defence Forces are deployed pursuant to subsection (1), the Inspector-General of the National Police Service shall be responsible for the control and overall superintendence of the operation. [Act No. 44 of 2016 , s. 15.]

Section 34. Regulation of support operation, etc Section 34(1) In the event of the Defence Forces being deployed in support of the National Police Service and other authorities, such deployment shall comply with constitutional standards relating to human rights and fundamental freedoms. Section 34(2) Where the deployment of the Defence Forces in support of the National Police Service and other authorities is approved as contemplated in Article 241(3) of the Constitution and section 33 (1), the Cabinet Secretary shall, within twenty four hours, issue a notice in the Gazette of the commencement of such deployment. Section 34(3)(a) within twenty-four hours, issue notice in the Gazette , of the discontinuation of the deployment; and Section 34(3)(b) report to the National Assembly on the deployment. Section 34(4)(a) may only be performed in such area or at such place as the National Security Council or the President may determine; Section 34(4)(b) shall be discontinued as National Security Council or the President deems expedient and necessary; and Section 34(4)(c) a code of conduct and operational procedures on the regulation of the Defence Forces support operations approved by the De...

Section 35. Powers and duties of members while being deployed Section 35(1) Whenever the Defence Forces or any portion or member thereof has been deployed under section 33 , that member of the Defence Forces shall have the same powers and exercise the same duties as those conferred or imposed upon a member of the National Police Service. Section 35(2)(a) successful execution of that deployment; Section 35(2)(b) maintenance of law and order; or Section 35(2)(c) preservation of the internal security of the State. Section 35(3) The powers and duties referred to in subsection (1) shall not include powers and duties to investigate crime. Section 35(4) A member of the Defence Forces who arrests or detains any person or seizes any article or object shall as soon as possible hand that person, article or object over to the National Police Service or any other appropriate functionary designated by relevant law. Section 35(5)(a) be liable to the same extent as a member would have been liable in like circumstances if that member was a member of the National Police Service; and Section 35(5)(b) have the benefit of all the indemnities to which a member of that National Police Service would in li...

Section 36. Attachment to other forces and employment outside Kenya Section 36(1) The Defence Council may place any officer or service member at the disposal of the service authorities of any country for the purpose of undergoing instructions or training, subject to anything to the contrary in the conditions applicable to that officer or member's service. Section 36(2)(a) regional or international peace support operations; or Section 36(2)(a)(i) regional or international peace support operations; or Section 36(2)(a)(ii) other support operations; and Section 36(2)(b) approve the deployment of foreign forces in Kenya. Section 36(3) Immediately after the National Security Council has deployed the Defence Forces under subsection (2), the President shall order the Chief of the Defence Forces to effect the deployment by ordering any unit of the Defence Forces to be employed outside Kenya as may be specified in the order. Section 36(4)(a) shall not cease to be subject to this Act; and Section 36(4)(b) shall retain the service member's rights and such service shall be taken into account to the same extent as if it had been service in Kenya for the purposes of gratuities and pension on disc...

Section 37. Co-operation with other forces and forces visiting Kenya Section 37(1)(a) members of the Defence Forces placed at the disposal of the military authorities of such State, institution or organisation; Section 37(1)(b) foreign military personnel and their mission while the personnel are deployed in Kenya; Section 37(1)(c) the conditions of operation of the Defence Forces, and the foreign military personnel outside gazetted areas; or Section 37(1)(d) the compensation of local communities in the event of accidents in areas where the military is deployed. Section 37(2) A treaty or agreement entered into under subsection (1) shall put in place mechanisms to protect the interests of the local community of the place where the foreign military forces are deployed and such treaty shall also provide that the foreign forces are subject to the Constitution and all the laws of Kenya.

Section 38. Service by members in fulfillment of international obligation Section is subject to such member's rights and conditions of service under this Act, and shall be rendered by every member for such additional emoluments and benefits, including medical, travelling and subsistence, transport, leave, maintenance, assurance, insurance, tax, disability and death benefits as may be determined by agreement with the international body;

Section 39. Attachment of personnel Section 39(1)(a) temporarily attach to the Defence Forces any member of a force of any State or country which is placed at the disposal of the Defence Forces for that purpose by the military authorities of that State or country as the case may be; or Section 39(1)(b) subject to the conditions applicable to his or her service, place any member of the Defence Forces at the disposal of the military authorities of any State or country for purposes of being attached temporarily by those authorities to the forces of that country. Section 39(2) Subject to subsection (3) and where an international treaty or agreement applies, a member of a force of any other State or country who is attached temporarily to the Defence Forces, is subject to the laws applicable to the Defence Forces and shall be treated, and has the same power of command and punishment over members of the Defence Forces, as if he or she were a member of the Defence Forces of a rank equivalent to that held by him or her as a member of the force of the State or country from which he or she belongs. Section 39(3) The President may, by notice in the Gazette , direct that in relation to members...

Section 40. Command over members serving together with other military force or under control of international body Section 40(1)(a) serving together, every member of that military force shall be treated, and have powers of command over those members of the Defence Forces, as if he or she were a member of the Defence Forces of the relative rank; or Section 40(1)(b) acting in combination, every officer of that military force appointed to command the combined forces or any part thereof shall be treated, and have powers of command and of punishment over those members of the Defence Forces, as if he or she were an officer of the Defence Forces of the relative rank. Section 40(2) For purposes of this section, the Defence Forces and any other force shall be regarded as serving together or acting in combination whenever the President has, by notice in the Gazette , declared that they are so serving or acting, and the relative rank of members of the Defence Forces and of such other force is as designated by such notice. Section 40(3)(a) serving together, every member of that military force shall be treated, and have powers of command over those members of the Defence Forces, as if he or she...

Section 41. Application of UNCLOS in law enforcement power at sea Section The Defence Forces shall, in the enforcement of relevant Kenyan laws at sea comply with the provisions of the United Nations Convention on the Law of the Sea (UNCLOS).

Section 160. Constitution of the courts martial Section 160(1)(a) a Judge Advocate, appointed under section 165 , who shall be the presiding officer; Section 160(1)(b) at least five other members, appointed by the Defence Court-martial Administrator if an officer is being tried; and Section 160(1)(c) not less than three other members in any other case. Section 160(2) The members of the court-martial shall be officers so qualified and not ineligible in accordance with section 164 . Section 160(3)(a) of equivalent rank as the accused person where the accused person is an officer; and Section 160(3)(b) the lowest ranking officer in the Defence Forces who is available at the time where the accused person is a service member. Section 160(4) The Chief Justice may make rules generally to regulate the administration and proceedings of the courts martial. [Act No. 44 of 2016 , s. 26.]

Section 161. Guiding principles in exercising Judicial authority Section In addition to other principles and values provided for in the Constitution, the court-martial shall, in the exercise of its powers and discharge of its functions, be guided by the principles provided for under Article 159(2) of the Constitution.

Section 162. Sitting and power of the court-martial Section 162(1) The court-martial may sit in any place, whether within or outside the Republic of Kenya. Section 162(2) If a court-martial sitting at some place considers it necessary in the interests of justice to sit at some other place, it may adjourn for the purpose of sitting at that other place. Section 162(3) A court-martial shall have the power to try any person subject to this Act for any offence under this Act, and to award any punishment provided for by this Act for that offence.

Section 163. Convening of court-martial Section 163(1) A court-martial may be convened by the Defence Court-Martial Administrator or Service Court-Martial Administrator in respect of each service, as the case may be. Section 163(2) An order convening a court-Martial shall be signed either by the Defence Court-Martial Administrator or by the Service Court-Martial Administrator in respect of each Service. Section 163(3) For purposes of this section, the Defence Court-Martial Administrator and Service Court-Martial Administrators shall be legal officers who qualify to be appointed as Registrars of the Court of Appeal and High Court respectively, and shall be appointed by the Defence Council.

Section 164. Disqualifications for membership of court-martial Section 164(1) The convening officer shall not be a member of a court-martial which that officer convenes. Section 164(2) An officer who, at any time between the date on which the accused was charged with the offence and the date of the trial, has been the accused's commanding officer, and any officer who has investigated the charge against the accused, or who under service law has held or been one of the persons holding an inquiry into matters relating to the subject-matter of the charge, shall not be a member of the court-martial which tries that accused, nor shall that person be Judge Advocate at the court-martial.

Section 165. Appointment of Judge Advocate Section a magistrate; or

Section 166. Indemnity from personal liability

Section 167. Challenge Section 167(1) An accused person may, on any reasonable grounds, object to any member of the court, whether appointed originally or in place of another member. Section 167(2) To enable the accused person exercise the right of objection conferred by subsection (1), the names of the members of the court shall be read out in the presence of the accused person before their swearing in, and the accused shall be afforded an opportunity to object to any of those members. Section 167(3) Every objection made by an accused to a member shall be considered by the other members of the court. Section 167(4) If the objection is to the presiding officer and a majority of the other members of the court allow it, the court shall adjourn and the Chief Justice shall appoint another presiding officer in accordance with section 165 . Section 167(5) If the objection is to any other member of the court and a majority of the members entitled to vote allow it, the member objected to shall retire and the vacancy may be, or if the number of members would be reduced below the legal minimum shall be, filled in the prescribed manner by another officer.

Section 168. Oaths and affirmations Section 168(1) An oath shall be taken by every member of a court-martial, the Judge Advocate and any other person attending as interpreter person recording the proceedings or officer under instruction. Section 168(2)(a) if a child called as a witness does not, in the opinion of the court, understand the nature of the oath, the child's evidence may be received unsworn if in the opinion of the court the child is sufficiently intelligent to justify the evidence being received and understands the duty of speaking the truth, but if the child's evidence is given unsworn on behalf of the prosecution, the accused may not be convicted upon that evidence unless it is corroborated by some other material evidence supporting it and implicating the accused; or Section 168(2)(b) if a person objects to being sworn on the ground either that the person has no religious belief or that the taking of an oath is contrary to the person's religious belief, or if it is not reasonably practicable to administer an oath to a person in the manner appropriate to the person's religious belief, that person shall make an affirmation instead. Section 168(3) An oath or affirmation...