[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 (3) In this section— (a) “running away” means— (i) that the accused was before or in the presence of the enemy; (ii) that the accused misbehaved by moving away; and (iii) that the accused intended to avoid actual or impending combat with the enemy by running away. (b) “abandoning, surrendering, or delivering up command” means— (i) that the accused was charged by orders or circumstances with the duty to defend a certain command, unit, place, ship, or military property; (ii) that without justification, the accused abandoned, surrendered; or (iii) delivered up that command, unit, place, ship, or military property. 65. Neglect of duty A person subject to this Act who neglects to perform or performs negligently any duty lawfully imposed on that person commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act. 66. Offences against morale (1) A person who is subject to this Act commits an offence if that person— (a) spreads, whether orally, in writing, by signal or otherwise, reports relating to operations of the Defence Forces or of any co-operating forces, or of any part of any of the Defence Forces or of any co-operating Defence Forces, being reports calculated to create despondency or unnecessary alarm; or (b) when before the enemy, uses words calculated to create despondency or unnecessary alarm. (2) A person who commits an offence under the provisions of subsection (1) shall be liable, upon conviction by a court-martial, to imprisonment for life or any lesser punishment provided for by this Act. 67. Advocating governmental change by force A person subject to this Act who, within Kenya, unlawfully advocates for governmental change through the use of force by— (a) publishing or circulating any writing, printing, or document in whatever form, including electronic form; (b) teaching or advocating the use of force, commits an offence and on conviction is liable to suffer death or to lesser punishment provided for under this Act. K7-43 [Issue 1]