PART I – PRELIMINARY
1.
Short title and application
This Act may be cited as the Kenya Regiment (Territorial Force) Act, and shall apply to every military district.

2.
Interpretation
In this Act except where the context otherwise requires—
“active service” means every officer and member shall be deemed to be on active service when he is attached to or forms part of a force engaged in operations against the enemy or in aiding the civil authority in the protection of life and property or in the prevention or suppression of internal disorder;
“cadets” means all boys serving an Cadet Units established under section 9 of this Act;
“Commander” means the commander of the Relative Service of Armed Forces;
“Commanding Officer” means the officer for the time being appointed to command a unit of regiment;
“Defence Council” means the Defence Council established by section 5 of the Armed Forces Act, 1968;
“member” means any warrant officer, non-commissioned officer or man enrolled in or belonging to the Regiment;
“military district” means a military district established under section 11 of this Act;
“Minister” means the Minister for the time being responsible for defence;
“officer” means any person appointed by the President to hold commissioned rank in the Regiment;
“Ordinance” includes all regulations made thereunder;
“peace training” means such training, other than training on active service, as may be prescribed;
“permanent staff” means all officers, warrant officers, non-commissioned officers, armourers, clerks and storekeepers or any other persons appointed under section 35 of this Act;
“prescribed” means prescribed by regulations;
“Regiment” means the Regiment established under section 3 of this Act, and, except in the case of section 6 of this Act includes the Reserve and the Special Reserve;
“regulations” means regulations made under this Act;
“Reserve” means the Reserve established under section 7 of this Act;
“Special Reserve” means the Special Reserve established under section 8 of this Act;
“the Act” means the Armed Forces Act (Cap. 199), and includes all regulations made thereunder;
“unit” means any portion of the Regiment declared by the Defence Council to be a unit for the purposes of this Act. [Act No. 7 of 1951, s. 2, Act No. 8 of 1954, s. 2, L.N. 168/1964, Sch., Act No. 14 of 1971, Sch.]

PART II – CONSTITUTION OF REGIMENT
3.
Establishment of Kenya Regiment (Territorial Force) (1) The Governor may, by notice in the Gazette, establish a regiment for Kenya, which shall be known as the Kenya Regiment (Territorial Force), and may accept the services of any qualified persons to become officers or members of the Regiment.
(2) As and from the date of such notice, the Regiment shall be deemed to be lawfully established.
(3) The Regiment shall be under the command of the Commander, who shall be responsible to the Defence Council for the organization, discipline and efficiency of the Regiment.
(4) The officers of the Regiment shall be commissioned by the Minister.
(5) The Minister may, by notice in the Gazette, declare any portion of the Regiment to be a unit for the purposes of this Act.
(6) As from the date of such notice a unit shall be deemed to be lawfully constituted.
[L.N. 168/1964, Sch.]

4.
Membership
(1) Every officer and every member shall be a citizen of Kenya, and every member shall be between the ages of eighteen and thirty-five years:
Provided that the Minister may extend the age limit—
(i) by regulation in the case of any rank of warrant officer, non-commissioned officer or private;
(ii) by writing under his hand in the case of any individual warrant officer, non-commissioned officer or private who has applied for such extension.
(2) Every person enrolled as a member shall be—
(a) a volunteer; or
(b) a person compulsorily enrolled under the Military;

(3) Every member, upon being enrolled, shall take the prescribed oath.
(4) Every member, upon being enrolled, shall sign the prescribed enrolment form.
[Act No. 8 of 1954, s. 3, Act No. 10 of 1961, s. 2, L.N. 168/1964, Sch.]

5.
Liability of officers and members
Every officer and every member shall be liable to be called out for active service and to undergo such peace training as may be prescribed from time to time.

6.
Period of service
(1) Subject to the provisions of this section, every member shall be liable to serve—
(a) in the Regiment for a minimum period of four years, and thereafter;
(b) in the Reserve for a period of four years; and if, on the expiration of such period, he has not attained the age of thirty years, for an additional period until he has attained that age.

(2) The Minister may, on the recommendation of the Commander, curtail to such an extent as he may think reasonable the period of service to be undergone under subsection (1) of this section, by any person who produces evidence of previous service with any of Her Majesty’s Forces, regular or auxiliary, of such a nature as to satisfy the Minister that his service with the Regiment should be so curtailed.
(3) Deleted by L.N. 168/1964, Sch.
(4) Deleted by L.N. 168/1964, Sch.

(5) Deleted by L.N. 168/1964, Sch.
[Act No. 8 of 1954, s. 4, L.N. 168/1964, Sch.]

7.
Reserve
The Defence Council may establish a Reserve to the Regiment, which shall be known as the Kenya Regiment (Territorial Force) Reserve, in such manner as may be prescribed, and such Reserve shall form part of the Regiment.
[L.N. 168/1964, Sch., Act No. 14 of 1971, Sch.]

8.
Special Reserve
(1) The Defence Council may establish a Special Reserve to the Regiment in such manner as may be prescribed, and those persons who offer their services and whose services are accepted shall be liable, when the whole or any part of the Regiment is called out for active service or ordered to hold itself in readiness for immediate calling out, to render service with such portion of any local force as they may decide.
(2) The Special Reserve shall be subject to such peace training as may be prescribed.
[Act No. 8 of 1954, s. 4, L.N. 168/1964, Sch.]

PART III – CADETS
9.
Cadet Units
(1) The Defence Council may establish Cadet Units, the description of, numbers in, enrolment in and organization of which shall be such as the Minister may from time to time prescribe.
(2) Cadet Units shall not form part of the Regiment, but shall be affiliated to it and regarded as a training unit for the Regiment.
(3) Cadet Units shall be composed of boys between the ages of fourteen and eighteen years.
[L.N. 168/1964, Sch., Act No. 14 of 1971, Sch.]

10.
Cadets’ liability for peace training
All boys who, with the consent of their parents or guardians, have enrolled as members of a Cadet Unit shall be liable to undergo such annual course of peace training as may be prescribed.
PART IV – ADMINISTRATION
11.
Military districts
The Minister may, by notice in the Gazette, establish military districts throughout Kenya, with the number and designation of units of the Regiment to be allotted to and trained in any military district.
[G.N. 1566/1955, L.N. 172/1960.]

12.
Calling out Regiment for active service
(1) The Minister may, by proclamation in the Gazette, call out the whole or any part of the Regiment for active service, and when so called out they shall be held to that service until such time as the Defence Council may, by proclamation in the Gazette, declare that they are relieved from that service:
Provided that the Defence Council may, by such proclamation, in lieu of calling out the Regiment or any part thereof for active service, order the Regiment or such part or parts thereof as he may deem necessary to hold itself in readiness for immediate calling out.
(2) In the case of sudden and immediate danger in any province or district, when it is not possible to obtain the authority of the Defence Council without undue delay, the civil officer in charge of such province or district may, for the defence of the province or district or any part thereof or for the protection of life and property therein, by proclamation in the name of the Defence Council, call out the whole or any part of the Regiment resident in such province or district, but in such case such civil officer shall forthwith report to the Governor such calling out and any subsequent step taken by him.
[Act No. 7 of 1951, s. 3, Act No. 8 of 1954, s. 6, L.N. 168/1964, Sch.]

13.
No right to discharge when on active service
No officer or member while called out or employed on active service shall be entitled to obtain discharge therefrom during the continuance of such service.

14.
Power to disband or discharge
The Defence Council may at any time discontinue the service of any unit of the Regiment or cause the same to be disbanded, or release from service any officer, or discharge any of the members, of such unit.
[L.N. 168/1964, Sch., Act No. 14 of 1971, Sch.]

15.
Officers in executive command
The executive military command and inspection of the Regiment and of the units thereof shall be vested in such officers as may be appointed by the Defence Council.
[L.N. 168/1964, Sch., Act No. 14 of 1971, Sch.]

16.
Tests for appointment and promotion
The Minister may prescribe such tests as he may think fit which candidates for appointments to commissions and for promotion shall pass.
[G.N. 1566/1955, L.N. 172/1960.]

17.
Cancellation of commission
The Defence Council may cancel the commission of any officer at any time:
Provided that such commission shall not be cancelled unless the holder thereof has been notified in writing of any complaint or charge made and of the action proposed to be taken against him, and has been called upon to show cause in relation thereto, but no such notification shall be necessary in the case of an officer absent from duty without leave for a period of three months or more.
[L.N. 168/1964, Sch., Act No. 14 of 1971, Sch.]

18.
Retirement of officers
(1) The Commander may place officers on the retired list.
(2) The ages of compulsory retirement of officers of the Regiment shall be as prescribed.
(3) Officers on the retired list who have served for ten years in the Regiment as commissioned officers on the active list may, with the approval of the Defence Council, retain their rank and wear the prescribed uniform:
Provided that, in exceptional circumstances, the Governor may, with the approval of the Military council, grant such privileges to officers with less than ten years’ service in the Regiment as commissioned officers on the active list.
[Act No. 42 of 1949, s. 3, L.N. 168/1964, Sch., Act No. 14 of 1971, Sch.]

19.
Resignation of commission
An officer, except when on active service, or in anticipation of being called out on such service, may, by writing under his hand, tender the resignation of his commission, but shall not, unless otherwise ordered by the Commander, be relieved of the duties of his appointment until the acceptance of his resignation is notified in the Gazette.
[L.N. 168/1964, Sch.]

20.
Uniforms, arms and accoutrements
(1) A uniform, with distinctive marks or badges, shall be prescribed for every unit of the Regiment and issued to members thereof.
(2) The allowance payable to such members for the maintenance of their uniforms shall be such as may be prescribed.
(3) Arms, ammunition and equipment shall ordinarily be kept in armouries, under guard, but may under prescribed conditions be issued to officers and members, and each officer or member to whom a rifle or other firearm has been issued shall be bound to keep it in his personal possession, and shall be responsible for its safe keeping and maintenance in good order and condition, and shall produce it for inspection whenever called upon to do so.
(4) When called out for active service, or when undergoing peace training, officers and members shall bring with them their equipment and any ammunition which may have been issued to them.
(5) Any officer or member of the Regiment to whom any rifle or other firearm, or any ammunition, grenade or explosive, has been issued who sells or otherwise disposes of, or makes away with, the same without lawful authority shall be guilty of an offence and, on conviction by a subordinate court of the first class, be liable to imprisonment for a term not exceeding five years.
(6) Any officer or member of the Regiment to whom any rifle or other firearm, or any ammunition, grenade or explosive, has been issued who negligently loses the same or fails to produce it when called upon to do so, or wilfully and without lawful authority expends such ammunition, shall be guilty of an offence and, on conviction by a subordinate court of the first or second class, be liable for a first offence to a fine not exceeding one thousand shillings, and for a second or subsequent offence to imprisonment for a term not exceeding one month or to a fine not exceeding two thousand shillings, or to both such imprisonment and such fine.
(7) A subordinate court of the first class shall, notwithstanding anything contained in Part II of the Criminal Procedure Code, (Cap. 75) have power to impose any sentence which may be imposed under subsection (5) of this section, and may in addition to the penalty provided under subsection (5) or subsection (6) of this section order the offender to make good any loss or deficiency resulting from his offence.
[Act No. 42 of 1949, s. 4, Act No. 7 of 1951, s. 4.]

21.
Pay and allowances
Officers and members of the Regiment shall be entitled, in respect of any period on which they are called out for active service, to pay for such days and at such rates as may be prescribed, and shall also be entitled to such monetary or other allowances as may be prescribed.
[Act No. 8 of 1954, s. 7.]

22.
Duration of peace training
(1) The service of each officer and member shall be calculated from the date of his appointment or enrolment, as the case may be.
(2) Every officer and member shall during each prescribed training year undergo such course of annual peace training, instruction and other such exercises as may be prescribed.
(3) The time occupied in proceeding to or returning from a camp or place of assembly or instruction shall not be taken into account as part of any period of peace training, instruction or service prescribed under this Act.
(4) Any member who in any year without reasonable cause or excuse or without such leave or permission as may be prescribed evades or fails to perform the full course of training allotted to him for that year shall be guilty of an offence.

23.
Deleted by L.N. 168/1964, Sch.

PART V – DISCIPLINE
24.
Application of the Act as to discipline
The provisions of the Act shall, as to the provisions therein contained respecting discipline and the procedure and evidence at courts martial, apply to officers and the permanent staff (if not otherwise subject thereto) at all times and to members when they are on active service, when they are called out for active service, during peace training, when they are engaged in any military exercise of drill or musketry, when they are carrying out any escort duty or guard of honour and when they are in uniform at any time or place, subject to the following modifications—
(a) the words “the Regiment” shall read therein for the words “regular forces”, the words “officer or member of the Regiment” for the words “officer or soldier” and the word “Commander” for the words “His Majesty” and “Secretary of State”; and
(b) no sentence of a court martial upon the trial of an officer or a member of the Regiment shall be carried into execution unless confirmed by the Commander or such officer as he may appoint on his behalf.
[Act No. 42 of 1949, s. 5, Act No. 7 of 1951, s. 5, Act No. 8 of 1954, s. 8, L.N. 168/1964, Sch.]

25.
Officers and members not punishable under the Act
Notwithstanding the provisions of section 24 of this Act, no officer or member of the Regiment shall be liable to be punished for any offence under this Act.
[Act No. 7 of 1951, s. 6, Act No. 8 of 1954, s. 9.]

26.
Reservation of right to prosecute otherwise than under the Act
Nothing in this Act contained shall prevent any offender from being prosecuted otherwise than under this Act, in all cases in which he would by law, without this Act, be liable to such prosecution, but no person convicted or acquitted of any offence under this Act shall be liable to be again tried for the same offence.

27.
Aiding or inducing dereliction of duty
Any person who—
(a) agrees with, or induces, or attempts to induce, any officer or member to neglect or to act in conflict with his military duty; or
(b) is a party to, or aids or abets, or incites to the commission of, any act whereby any lawful order given to any officer or member, or any law or regulation with which it is the duty of any officer or member to comply, may be evaded or infringed; or
(c) supplies, or is a party to supplying, any officer or member with intoxicating liquor when that officer or member is on military duty and prohibited under regulations or instructions from receiving or taking intoxicating liquor,
shall be guilty of an offence.

28.
Personation
Any officer or member who, with the intent to obtain conveyance at special rates or to evade payment of any toll, fraudulently personates or represents himself to be an officer or member of the Regiment travelling on service of that force shall be guilty of an offence.

29.
Wrongful disposal of property
(1) Any officer or member who, without proper authority and permission, gives, sells, pledges, lends or otherwise disposes of any moneys, animals, ammunition, accoutrements, clothing, supplies or any other article entrusted to or held by him for the service of the Regiment shall be guilty of an offence and, in addition to any penalty for such an offence which may be imposed under this Act, may be ordered by the court to make good the loss or deficiency caused by such gift, sale, pledge, loan or other disposition.
(2) Every such gift, sale, pledge, loan or disposition shall be null and void, except as against a bona fide purchaser for value without notice.

30.
Purchasing regimental necessaries, etc.
(1) Any person who—
(a) buys, exchanges, takes in pawn, detains or receives from any person, on any pretence whatsoever; or
(b) solicits or entices any person to sell, exchange, pawn or give away; or
(c) assists or acts for any person in selling, exchanging, pawning or making away with, continuation any of the following property, that is to say, any animals, moneys, arms, ammunition, equipment, instruments, regimental necessaries or clothing issued for the use of officers or members, or any decoration of any officer or member, or any furniture, bedding, blankets, sheets, utensils or stores in regimental charge, or any provisions or forage issued for the use of an officer or member, or his horse, or of any horse employed in Armed Forces shall, unless he proves—
(i) that he acted in ignorance of the same being such property as aforesaid; or
(ii) that the same was sold by order or with the consent of some competent military authority; or
(iii) that the same was the personal property of an officer who had retired or of a member who had been discharged, or of the legal personal representatives of an officer or member who had died, be guilty of an offence, which shall be cognizable to the police, and be liable to a fine not exceeding one thousand shillings together with treble the value of any property of which such offender has become possessed by means of his offence or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.

(2) Where any such property as is mentioned in subsection (1) of this section is found in the possession or keeping of any person, such person may be taken or summoned before a subordinate court of the first class, and, if such court has reasonable grounds to believe that the property so found was stolen or was bought, exchanged, taken in pawn, obtained or received in contravention of this section, then, if such person does not satisfy the court that he came by the property lawfully and without any contravention of this Act, he shall be liable to the same penalties as are prescribed in subsection (1) of this section.
(3) For the purposes of this section, property shall be deemed to be in the possession or keeping of a person if he knowingly has it in the actual possession or keeping of any other person, or in any house, building, lodging, apartment, field or place, open or enclosed, whether occupied by himself or not, and whether the same is so had for his own use or benefit, or for the use or benefit of another.
[L.N. 168/1964, Sch.]

31.
Negligent loss of property
Any officer who, after due inquiry, appears to the Minister, or to such military officer as the Minister may appoint for the purposes of this section, to have by his wrongful act or negligence occasioned the loss, damage or destruction of any public or service property may be required by the Minister, or such military officer as aforesaid, to pay the whole or any part of the sum required to make good such loss, damage or destruction, and any such sum may be deducted from the pay of any such officer.
[Act No. 8 of 1954, s. 10, G.N. 1566/1955, L.N. 172/1960.]

32.
Penalty for offences and contravention of Act
Any person who commits an offence under this Act or who wilfully contravenes any of the provisions of this Act or the Regulations shall, where no other penalty is specifically provided, be liable, on conviction by a subordinate court of the first class, to a fine not exceeding two hundred shillings or to imprisonment for a term not exceeding one month, or to both such fine and such imprisonment.

33.
Limitation of action
Every civil action against, and every criminal prosecution of, any person in respect of anything done in pursuance or in contravention of this Act shall be commenced within six months after the cause of the proceedings has arisen, and notice in writing of any civil action and the cause thereof shall be given to the defendant one month at least before the commencement thereof.

34.
Disclosure of information
(1) Any officer or member, or any person employed in the public service, who discloses any information or any other secret or confidential information relating to the defence of Kenya which comes within his cognizance shall, unless acting under the due authority and in the execution of his duty (the burden of proof whereof shall be upon him), be guilty of an offence.
(2) The provisions of this section shall be in addition to and not in derogation of the provisions of the Official Secrets Act (Cap. 187).

PART VI – MISCELLANEOUS
Council
35.
Power to constitute permanent staff
(1) The Defence Council, may from time to time constitute for the Regiment a permanent staff, consisting of such officers, warrant officers, non-commissioned officers and men as he may deem necessary.
(2) The Defence Council may employ orderlies, cooks, sweepers, drivers and such other civilian staff as he may deem necessary, upon such terms and conditions as may be prescribed.
[Act No. 42 of 1949, s. 6, L.N. 168/1964, Sch., Act No. 14 of 1971, Sch.]

36.
Defence Council may award gratuity or pension in certain events
(1) If any officer or member is temporarily or permanently disabled by reason of any wound or injury received or sickness contracted by him during peace training or when on active service, the Defence Council may award such officer or member such compensation, gratuity or yearly pension as to him may seem fit.
(2) The Governor may grant to the widow or family of any such officer or member who may be killed in action or on active service a pension or allowance of such amount as to him may seem fit.
(3) No pension or gratuity payable under this Act shall be assignable or transferable, nor shall the same be attached or, levied upon for or in respect of any debt due from, or any claim against, the recipient of such pension or gratuity, or his wife.
[Act No. 42 of 1949, s. 7, L.N. 168/1964, Sch., Act No. 14 of 1971, Sch.]

37.
Regulations
(1) The Defence Council may, make regulations for all or any of the following purposes connected with the Regiment—
(a) the numerical establishment of units of the Regiment and cadets, and various grades, ranks and appointments therein;
(b) the appointment, promotion, transfer, leave, resignation and release from service of officers;
(c) the disbandment of any units;
(d) the promotion, reduction, discharge and dismissal of warrant officers;
(e) the establishment, control and management of the Reserve and Special Reserve;
(f) the establishment, control and management of Cadet Units; and
(g) the form of oath to be sworn by members on joining the Regiment.

(2) The Minister may, after consultation with the Commander, make regulations for all or any of the following purposes connected with the Regiment—
(a) the enrolment, posting, leave, transfer, promotion, reduction, discharge and dismissal of non-commissioned officers and men;
(b) the enrolment, posting, leave and transfer of warrant officers;
(c) the terms and conditions of service of the civilian staff;
(d) the discipline of the Regiment;
(e) the convening of Courts of Inquiry and the attendance of witnesses;
(f) the exemption of officers and members from carrying out the full course of peace training for any one training year;
(g) the issue and care of arms, accoutrements, ammunition, supplies, animals and transport, clothing and equipment for the Regiment and for cadets;
(h) the conveyance by air, road, rail or water of officers and members and their transport and equipment when travelling on duty;
(i) the general government, control and management of the Regiment;
(j) the drill, peace training instruction, camps and medical treatment thereat;
(k) the requisitioning of goods, provisions, supplies and accommodation for officers and members when called out under section 12 of this Act;
(l) the allowance paid to officers and members for maintenance of uniforms;
(m) the fixing of age limits for officers and the extension of age limit for members; and
(n) all matters which are by this Act required or permitted to be, or which are necessary or convenient to be, prescribed, or for assuring the discipline and good government of the Regiment, or for carrying out and giving effect to the provisions of this Act.
[Act No. 8 of 1954, s. 11, L.N. 168/1964, Sch., Act No. 14 of 1971, Sch.]


38.
Deleted by L.N. 168/1964, Sch.