[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 (2) An order under subsection (1) may provide that it shall have effect subject to limitations or conditions, or that this Part shall apply with modifications or adaptations. 282. Powers of service courts of visiting forces (1) The service courts and service authorities of a designated country may, within Kenya or on board any ship or aircraft belonging to the Government, exercise over members of a visiting force that belongs to that country all such powers as are exercisable by them according to the law of the country, subject to the Constitution of Kenya. (2) If a sentence has been passed, whether within or outside Kenya, by a service court of a designated country upon a member of a visiting force then, for the purposes of proceedings in a court of Kenya— (a) the service court shall be deemed to have been properly constituted; (b) the sentence shall be deemed to have been within the jurisdiction of the service court and to have been in accordance with the law of the designated country; and (c) the sentence, if executed according to the tenor of the sentence, shall be deemed to be lawfully executed. (3) Any person who is detained in custody under a sentence contemplated in subsection (2) is in lawful custody. (4) Despite the provisions of this section, a sentence of death passed by a service court of a designated country shall not be carried out in Kenya unless under the law of Kenya a sentence of death could have been passed in a similar case. 283. Prosecution and trial for civil offences (1) The Kenyan civil courts shall have exclusive jurisdiction and primary right to try any member of a visiting force for any civil offence committed in contravention of any Kenyan law, customary international law, treaty or an agreement the Kenyan Government is party to. (2) Despite subsection (1), a provision in a treaty or agreement to which the Kenyan Government is party to may confer exclusive and primary right to try any member of a visiting force to the authorities of that visiting force. (3) If a member of a visiting force has been tried by a court of the country to which the force belongs— (a) the member shall not be tried for the same offence by a Kenyan court; and (b) if the member is subsequently convicted by a Kenyan court and it appears to that court that the conviction is wholly or partly in respect of acts or omissions in respect of which the person was convicted by the court, the Kenyan court in sentencing shall have regard to any sentence passed by the court. K7-123 [Issue 1]