CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] (8) Minor punishments may be awarded in addition to a fine. (9) Notwithstanding the above provisions, the recovery under this section, in any one instance, shall not be more than half of the basic salary. 157. Option election by accused to be tried by court-martial (1) Before dealing with a charge summarily, the commanding officer or appropriate superior authority, as the case may be, shall give the accused the opportunity to opt to be tried by a court-martial. (2) If an accused opts to be tried by a court-martial, the commanding officer or appropriate superior authority, as the case may be, shall refer the charge to the Director of Military Prosecutions. (3) If two or more charges against an accused are to be heard summarily together, an option stands for trial by a court-martial in respect of any of the charges. (4) If, after the start of a summary hearing— (a) a charge is amended; (b) a charge is substituted for another charge; or (c) an additional charge is brought, this subsection shall apply to the amended, substituted or additional charge as if the reference in subsection (1) to dealing with a charge summarily were a reference to proceeding with the hearing. (5) If the accused refuses to make an option, that refusal shall be treated as option to be tried by a court-martial and the accused shall be so informed. (6) The accused may withdraw an option to be tried by a court-martial at any time before the court-martial is convened. 158. Review of summary findings and awards (1) If a charge has been dealt with summarily and has not been dismissed, the reviewing authority may at any time review the finding or award. (2) If, on a review under this section, it appears expedient to the reviewing authority, by reason of any mistake of law in the proceedings or of anything occurring in those proceedings which in the opinion of the authority involved substantial injustice to the accused, the authority may quash the finding, and if the finding is quashed the authority shall also quash the award. (3) If, on a review under this section, it appears to the reviewing authority that— (a) a punishment awarded was invalid; (b) a punishment awarded was too severe; (c) if the award included two or more punishments, those punishments or some of them could not validly have been awarded in combination or taken together, are too severe; or (d) a punishment awarded was too lenient, the authority may vary the award by substituting such punishment or punishments as the authority thinks proper, being a punishment or punishments [Issue 1] K7-76