CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] (2) A person who commits an offence under subsection (1), 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. 72. Mutiny (1) A person who is subject to this Act commits an offence if that person— (a) takes part in a mutiny involving the use of violence or the threat of the use of violence; or (b) takes part in a mutiny having as its object or one of its objects— (i) the refusal or avoidance of any duty or service against, or in connection with operations, against an enemy; or (ii) the impeding of the performance of any such duty or service; or (c) incites any person to take part in such a mutiny, whether actual or intended. (2) For the purposes of this Part, “mutiny” means a combination between two or more persons who are subject to this Act, or between persons, at least two of whom are subject to this Act— (a) to overthrow or resist lawful authority in the Defence Forces or any co-operating forces, or in any part of the Defence Forces or any cooperating forces; (b) to disobey such authority in such circumstances as to make the disobedience subversive of discipline, or with the object of avoiding any duty or service against, or in connection with operations against, the enemy; or (c) to impede the performance of any duty or service in the Defence Forces or in any co-operating forces, or in any part of the Defence Forces or of any co-operating forces. (3) A person who commits an offence under subsection (1) shall be liable, upon conviction by a court-martial— (a) to suffer death or any other punishment provided for by this Act if the offence committed falls under subsection (1)(a) and (b); or (b) to imprisonment for life or any lesser punishment provided for by this Act, in case of an offence under subsection (1)(c). 73. Failure to suppress mutiny (1) A person who is subject to this Act commits an offence if that person— (a) fails to use the person's utmost exertions to suppress or prevent a mutiny; or (b) fails to report to a superior officer or any other appropriate authority without delay that the mutiny is taking place or is intended. (2) A person who commits an offence under subsection (1), shall be liable, upon conviction by a court-martial— (a) to suffer death or any other punishment provided for by this Act if the offence was committed with intent to assist an enemy; or [Issue 1] K7-46