[Rev. 2012] (b) (c) (d) Kenya Defence Forces Kenya Defence Forces CAP. 199 shall not be rendered by any such member in a rank lower than that which he or she holds in the Defence Forces; shall be rendered in compliance with the customary international law and treaties or other international agreements ratified by, or binding on the State; and shall not have the effect of detracting from the powers and duties of the President, the Cabinet Secretary or the Chief of the Defence Forces in relation to such member. 39. Attachment of personnel (1) The Defence Council may— (a) temporarily attach to the Defence Forces any member of a force of any State or country which is placed at the disposal of the Defence Forces for that purpose by the military authorities of that State or country as the case may be; or (b) subject to the conditions applicable to his or her service, place any member of the Defence Forces at the disposal of the military authorities of any State or country for purposes of being attached temporarily by those authorities to the forces of that country. (2) Subject to subsection (3) and where an international treaty or agreement applies, a member of a force of any other State or country who is attached temporarily to the Defence Forces, is subject to the laws applicable to the Defence Forces and shall be treated, and has the same power of command and punishment over members of the Defence Forces, as if he or she were a member of the Defence Forces of a rank equivalent to that held by him or her as a member of the force of the State or country from which he or she belongs. (3) The President may, by notice in the Gazette, direct that in relation to members of a force of any State or country specified in the notice, the laws relating to the Defence Forces apply with such exceptions and subject to such adaptations and modifications as may be so specified. 40. Command over members serving together with other military force or under control of international body (1) Whenever members of the Defence Forces and any military force of another country are— (a) serving together, every member of that military force shall be treated, and have powers of command over those members of the Defence Forces, as if he or she were a member of the Defence Forces of the relative rank; or (b) acting in combination, every officer of that military force appointed to command the combined forces or any part thereof shall be treated, and have powers of command and of punishment over those members of the Defence Forces, as if he or she were an officer of the Defence Forces of the relative rank. (2) For purposes of this section, the Defence Forces and any other force shall be regarded as serving together or acting in combination whenever the President K7-33 [Issue 1]