[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 56. Trials in civil courts Nothing in this Act or any order, disciplinary code, rules, regulations or manual shall affect the jurisdiction of any civil court to try a person for any offence triable by a civil court. 57. Persons guilty of an offence (1) A person who is subject to this Act is party to and guilty, upon conviction by a court-martial, of an offence, if that person— (a) actually commits the offence; (b) does or omits to do anything for the purpose of aiding any person to commit the offence; (c) abets any person in committing the offence; or (d) counsels or procures any person to commit the offence. (2) A person subject to this Act who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence. (3) Where two or more persons form an intention in common to carry out an unlawful purpose and to, assist each other in carrying out the common purpose, each of them commits an offence and anyone who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is party to and guilty, upon conviction by a court-martial, of that offence. Treachery, Cowardice and Offences arising out of Service 58. Aiding the enemy (1) A person who is subject to this Act commits an offence if that person, with intention to assist an enemy or otherwise— (a) abandons or delivers up any place or post which it is the person's duty to defend, or abandons the person's place of duty; (b) induces any person to abandon or deliver up any place or post which it is that person's duty to defend, or induces any person to abandon that person's place of duty; (c) does any act calculated to imperil, the success of operations of the Defence Forces, or of any co-operating forces, or any part of the Defence Forces or of co-operating forces; (d) having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities, or in the taking of measures calculated to influence morale; (e) furnishes the enemy with arms or ammunition, or with supplies of any description, or with any other thing, whether similar to the foregoing or not; (f) harbours or protects an enemy who is not a prisoner of war; (g) fails to make known to the proper authorities any information received from an enemy; K7-39 [Issue 1]