CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] (2) Pursuant to Article 240(8) of the Constitution, the National Security Council may with the approval of Parliament— (a) deploy national forces outside Kenya for— (i) regional or international peace support operations; or (ii) other support operations; and (b) approve the deployment of foreign forces in Kenya. (3) Immediately after the National Security Council has deployed the Defence Forces under subsection (2), the President shall order the Chief of the Defence Forces to effect the deployment by ordering any unit of the Defence Forces to be employed outside Kenya as may be specified in the order. (4) An officer or service member in service outside Kenya by virtue of this section— (a) shall not cease to be subject to this Act; and (b) shall retain the service member's rights and such service shall be taken into account to the same extent as if it had been service in Kenya for the purposes of gratuities and pension on discharge. 37. Co-operation with other forces and forces visiting Kenya (1) Any treaty or agreement between the Government of Kenya and any other State or international institution or organization regarding the use or provision of military forces shall provide for the legal status of— (a) members of the Defence Forces placed at the disposal of the military authorities of such State, institution or organisation; (b) foreign military personnel and their mission while the personnel are deployed in Kenya; (c) the conditions of operation of the Defence Forces, and the foreign military personnel outside gazetted areas; or (d) the compensation of local communities in the event of accidents in areas where the military is deployed. (2) A treaty or agreement entered into under subsection (1) shall put in place mechanisms to protect the interests of the local community of the place where the foreign military forces are deployed and such treaty shall also provide that the foreign forces are subject to the Constitution and all the laws of Kenya. 38. Service by members in fulfillment of international obligation Service in fulfillment of an international obligation which entails participation by any member of the Defence Forces in a military force under the control or with the approval of an international body— (a) is subject to such member's rights and conditions of service under this Act, and shall be rendered by every member for such additional emoluments and benefits, including medical, travelling and subsistence, transport, leave, maintenance, assurance, insurance, tax, disability and death benefits as may be determined by agreement with the international body; [Issue 1] K7-32

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