[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 (2) If a person brought before the Magistrates' Court as contemplated in subsection (1) is simultaneously in custody for some other cause, the Magistrates' Court may act in accordance with subsection (3) or (4), as applicable. (3) If the person admits to being illegally absent from the Defence Forces, and the Magistrates' Court is satisfied of the truth of the admission, the Magistrates' Court shall forthwith— (a) cause the person to be delivered into service custody in such manner as the Magistrates' Court considers fit; or (b) commit the person to a prison, police station or other place provided for the confinement of persons in custody, for a period that the Magistrates' Court may consider reasonably necessary for the purpose of enabling that person to be delivered into service custody or until delivered into service custody. (4) If the person does not admit to being illegally absent, or if the Magistrates' Court is not satisfied of the truth of the admission, the Magistrates' Court shall consider the evidence and any statement of the accused, and shall— (a) cause that person to be delivered into service custody or commit the person as provided for in subsection (3), if the Magistrates' Court is satisfied that— (i) the accused is subject to this Act; and (ii) there is sufficient evidence to justify the accused being tried under this Act for the offence of desertion or absence without leave; or (b) discharge the accused, unless the accused is in custody for another reason. (5) The time fixed by the Magistrates' Court under subsection (2) may be extended from time to time if it appears to the Magistrates' Court reasonably necessary to do so for any legitimate cause under this Act. (6) The provisions of the Criminal Procedure Act (Cap. 75) relating to the constitution and procedure of Magistrates' Courts, powers of adjournment and remand of persons accused, and relating to evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses, shall apply to proceedings under this section. 143. Deserter or absentee surrendering to police (1) If an officer, service member or a member of the constabulary who has deserted or is absent without leave, surrenders to a police officer elsewhere than at a police station, the police officer shall bring that person to a police station. (2) If an officer, service member or a member of the constabulary who has deserted or is absent without leave, surrenders to a police officer at a police station, or is brought to a police station under subsection (1), the police officer in charge of the police station shall forthwith inquire into the case, and, if it appears K7-69 [Issue 1]