Manifestly unlawful order

Kenya

Kenya - Defence Forces Act 2012 (2018) EN

PART VI – SERVICE OFFENCES

Offences in relating to disobedience of orders

80. Issuing a manifestly unlawful order
A person subject to this Act who issues a manifestly unlawful order commits an offence and shall, on conviction by a court-martial, be sentenced to a term not exceeding five years.

Kenya - International Crimes Act 2008 EN

PART I—PRELIMINARY

International Crimes

7. (1) For the purposes of proceedings for an offence under section 6, the following provisions of the Rome Statute shall apply, with any necessary modifications—

(k) article 33 (which relates to superior orders and prescription of law).

Rome Statute

Article 33 Superior orders and prescription of law

1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:

(c) The order was not manifestly unlawful.

2. For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.