The clarification comes amid growing public pressure over the death of Alfie Migasha, who died after sustaining injuries during an altercation allegedly involving a military officer.
Under Kenyan law members of the armed forces can be prosecuted either through civilian courts or military justice systems depending on the circumstances of the offence.
Legal experts note that crimes committed outside official duties fall under civilian jurisdiction, while breaches tied to service may be handled by a court martial.
Murder under the Penal Code attracts a possible life sentence, while manslaughter and killings involving torture or cruel treatment also carry lengthy prison terms alongside fines and administrative sanctions.
The Migasha family renewed calls for the immediate arrest and prosecution of the suspect after postmortem findings confirmed that the victim died from a blood clot in the lung.
Government pathologist Johansen Oduor linked the clot to injuries sustained during the assault, including a broken leg, which triggered complications that later proved fatal.
Investigators reviewed surveillance footage from an entertainment venue in Umoja One, which captured the incident on 22 December.
The footage shows Migasha being attacked before later succumbing to his injuries. Despite the evidence, the suspect remains at large, prompting concern among relatives and residents.
Police have assured the public that investigations are ongoing and that the law will take its course.
The case has reignited debate on accountability within the security forces and reinforced government commitments to uphold justice regardless of rank or service.
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