[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 (w) the convening, constitution and procedure of boards of inquiry, the rules of evidence to be observed and the taking of evidence by such boards, including the administration of oaths and affirmations to witnesses; (x) fees and forms; (y) the making of inquiries regarding members of the Defence Forces missing in action and the giving of awards and decorations, the promotion of, and the disposal of pay and allowances of, such persons; (z) the re-employment, appointment and terms and conditions for retired officers and service members; (aa) the establishment of school of Military law and other Military schools; and (bb) equal opportunity and affirmative action, including measures to ensure that all members of the Defence Forces are afforded adequate and equal opportunities for appointment, training and advancement. 305. Rules of Procedure The Defence Council may make rules with respect to the investigation, trial of, and awarding of punishment for offences heard by, commanding officers and appropriate superior authorities, and, without prejudice to the generality of the foregoing, the rules may make provision with respect to— (a) the procedure to be observed in bringing charges before commanding officers and appropriate superior authorities; (b) the manner in which charges are to be investigated, and the taking of evidence (whether orally or in writing, whether on oath or not and whether in full or in abstract form) for the purpose of summarily hearing the charges or other preliminary procedures to a hearing, and make provision for the application of section 168 where evidence shall be taken on oath; (c) additional charges, replacement of charges where new offences are disclosed by evidence taken on the investigation, and treating the investigation as the investigation of the new charge; (d) the convening and constitution of courts martial; (e) the sittings, adjournment and dissolution of courts martial. (f) the representation of the accused at trials; (g) procuring the attendance of witnesses before courts martial and at the taking of evidence in the circumstances described in paragraph (b); (h) applying in relation to proceedings before commanding officers and appropriate superior authorities, and otherwise in relation to proceedings preliminary to trial by court marital, all or any of the provisions of sections 170, 171 and 172; K7-131 [Issue 1]

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