CAP. 199 (b) Kenya Defence Forces Kenya Defence Forces [Rev. 2012] maintain in good order or ensure the safety of the depots, installations, works, resources or other objects, for which he or she is responsible, thereby hazarding them, commits an offence and shall upon conviction by a court-martial be sentenced to imprisonment for a term not exceeding one year or to a lesser punishment as is provided for under this Act. (2) Where the offence is committed in time of emergency, general mobilization or war, the offence is punishable with imprisonment for a term— (a) not exceeding three ears in the case of intentional failure; or (b) not exceeding one year in the case of negligence. 126. Abuse of military authority (1) A person subject to this Act who abuses or improperly uses his or her title, position or rank in a manner that injures or adversely affects the right of any other person, commits an offence and shall be liable on conviction, by a court-martial, to imprisonment for a term not exceeding seven years or to a lesser punishment as may be provided for under this Act. (2) A person subject to this Act who, in abuse of his or her commission or of the military authority conferred upon him, exempts from service a person who is legally under a liability to perform it, commits an offence and shall be liable on conviction, by a court-martial, to imprisonment for a term not exceeding seven years or to a lesser punishment as may be provided for under this Act. (3) Where the offence is committed in time of emergency, general mobilization or war, the person shall on conviction by a court-martial to imprisonment for a term not exceeding ten years or to a lesser punishment provided for in this Act. 127. Exceeding authority A person subject to this Act, who exceeds the authority he or she exercises by virtue of his or her commission, appointment, rank or title abuses such authority or improperly assumes authority not conferred by such commission, commits an offence and shall be liable on conviction, by a court-martial, to imprisonment for a term not exceeding seven years or to a lesser punishment as may be provided for under this Act. 128. Fraternization (1) A person subject to this Act who fraternizes with another person subject to this Act 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 under this Act. (2) For purposes of this section, a person shall not be guilty of an offence specified under subsection (1), unless the act in question constitutes the following elements— (a) an accused person is or was at the time of the commission of the offence, a commissioned officer; (b) an accused person fraternized on terms of military equality with one or more service members in a certain manner prescribed by regulations; [Issue 1] K7-64