[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 Section 140. 141. 142. 143. 144. 145. 146. Provisions for avoiding delay after arrest. Power to arrest deserter or an absentee. Proceedings before civil court where a suspected deserter or an absentee is arrested and arraigned in court. Deserter or absentee surrendering to police. Certificate of arrest or surrender of deserter or absentee. Superintendent of prison to receive deserters and absentees. Temporary reception of persons in service custody into civil custody. PART VIII – SUMMARY DISCIPLINARY PROCEEDINGS 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. Guiding principles. Certain charges may be dealt with summarily. Appropriate superior authority. Reporting and investigation of offences. Rights and representation of an accused person during trial. Conditions to be satisfied. Limitation of time for trial of offences. Hearing procedures. Charges against officers and cadets. Charges against service member. Option Election by accused to be tried by court-martial. Review of summary findings and awards. Automatic administrative review. PART IX – COURTS MARTIAL Constitution of Courts Martial 160. 161. 162. 163. 164. 165. 166. Constitution of the courts martial. Guiding principles in exercising Judicial authority. Sitting and power of the courts martial. Convening of court-martial. Disqualifications for membership of court-martial. Appointment of Judge Advocate. Indemnity from personal liability. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. Challenge. Oaths and affirmations. Court-martial to sit in open court. Evidence. Privileges of witnesses and others. Contempt of court-martial by civilian. Power to convict for offence other than that charged. Death of a judge advocate or member of the courts martial. Rulings and directions by judge advocate. Decision of court-martial. Finding and sentence. Provisions relating to trial K7-7 [Issue 1]