Practice Relating to Rule 100. Fair Trial Guarantees
Kenya’s LOAC Manual (1997) refers to common Article 3 of the 1949 Geneva Conventions and states that persons hors de combat
“may not be sentenced without proper trial”.
Kenya’s Geneva Conventions Act (1968) punishes “any person, whatever his nationality, who, whether within or outside Kenya commits, or aids, abets or procures the commission by any other person of any grave breach of any of the [1949 Geneva] Conventions”.
Kenya’s Constitution (1992) provides: “If a person is charged with a criminal offence, the case shall be afforded a fair hearing.”
Kenya’s Constitution (1992) provides that, if a person is charged with a criminal offence, the case shall be tried by an independent and impartial court established by law.