CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] 256. Postponement of discharge or transfer pending proceedings for offences, etc. Despite anything in this Part, a service member is not entitled to be discharged or transferred to the reserve— (a) at a time when that member has become liable, as a person subject to this Act, to be proceeded against for an offence under Part VI; or (b) where that member is serving a sentence of imprisonment in respect of an offence under Part VI, during the currency of the sentence. 257. Mode of discharge (1) Subject to this Part, every service member becoming entitled or liable to be discharged shall be discharged immediately but shall, until discharged, remain subject to this Act. (2) When a service member who is entitled or liable to be discharged is serving outside Kenya, the member shall be returned to Kenya free of cost and shall be discharged on arrival or, if the member consents to the discharge being delayed, within six months after arrival in Kenya. (3) A service member shall not be discharged unless the discharge has been authorised by order of the Service Commander or an officer authorised in that behalf. (4) Every service member shall be given, on discharge, a certificate of discharge containing the prescribed particulars. (5) A service member who is discharged in Kenya shall be entitled to be conveyed free of cost from the place where the member is discharged to the place stated in the member's attestation paper to be the place of attestation, or to any place in Kenya at which the member intends to reside and to which the member can be conveyed at no greater cost. 258. Validity of attestation and enlistment (1) If a person has made the prescribed declaration upon attestation, and has thereafter received pay as a service member— (a) the validity of that person's enlistment shall not be called in question on the grounds of any error or omission in the attestation paper; and (b) if, within a period of three months after the date of the declaration, the member claims that the enlistment is invalid by reason of noncompliance with the requirements of this Act or any other matter whatsoever (not being an error or omission in the attestation paper), the claim shall be submitted to the Defence Council as soon as may be, and if the claim is well founded the Defence Council shall cause the member to be discharged immediately. (2) If no claim is made within the period stated under subsection (1)(b), or if the Defence Council is of the opinion that the claim is unfounded, the person concerned shall be deemed to have been validly enlisted despite any non-compliance or other matter and the person shall be a service member until discharged. [Issue 1] K7-114