[Rev. 2012] (b) Kenya Defence Forces Kenya Defence Forces CAP. 199 to imprisonment for life or any less punishment provided for by this Act, in any other case. Offences relating to desertion and absence without leave 74. Desertion (1) A person who is subject to this Act commits an offence if that person— (a) deserts; or (b) persuades or procures any person subject to this Act to desert. (2) A person deserts if that person— (a) with the intention, either at the time or formed later, of remaining permanently absent from duty— (i) leaves the Defence Forces; or (ii) fails to join or rejoin the Defence Forces when it is the person's duty to join or rejoin them; (b) being an officer, enlists in or enters the Defence Forces without having resigned the person's commission; (c) being a service member, enlists in or enters the Defence Forces without having been discharged from any previous enlistment; (d) is absent without leave, with intent to avoid serving in any place outside Kenya, or to avoid service or any particular service when before an enemy; or (e) is absent without leave for a continuous period of more than ninety days. (3) A person who commits an offence under subsection (1), shall be liable, upon conviction by a court-martial— (a) to imprisonment for life or any lesser punishment provided for by this Act if— (i) the offence was committed under subsection (1)(a), the person was on active service or under orders for active service at the time when it was committed; or (ii) the offence was committed under subsection (1)(b) the person in relation to whom it was committed was on active service or under orders for active service at that time; or (b) to imprisonment for not more than two years, in any other case. (4) In addition to, or without any other punishment, a court-martial that convicts an officer or service member of desertion; other than a reservist called out on permanent service, may direct that the whole or any part of any service preceding the period of desertion shall be forfeited. 75. Absence without leave (1) A person who is subject to this Act commits an offence if that person— (a) is absent without leave; or (b) persuades or procures any person subject to this Act to be absent without leave. K7-47 [Issue 1]