CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] certificate, in the prescribed form in the Fifth Schedule, declaring that the member is deemed to be dead and stating the date on which the death is presumed to have occurred, and the member shall henceforth, for the purposes of this Act and the regulations, and in relation to the member's status and service in the Defence Forces, be deemed to have died on that date. 299. Uniforms and decorations not part of estate Uniforms and decorations shall not be treated as part of the estate of a deceased member of the Defence Forces in relation to claims or creditors or for any of the purposes of administration under this Act or otherwise, and they shall be delivered to the Service Commander and thereafter disposed of in the manner to be prescribed by regulation. 300. Property of deserter (1) In every case of desertion, the movable property of the deserter in the charge or control of the paymaster or any other officer, including any money belonging or due to the deserter, shall be disposed of in a manner prescribed by regulations. (2) Regulations contemplated under subsection (1) shall not arbitrarily deny a person of his or her entitlements or benefits. 301. Board of inquiry (1) The Service Commander, or any officer authorised by regulations made under this Act, may convene a board of inquiry to investigate and report on the facts relating to— (a) the absence of any person subject to this Act; (b) the capture of any person by the enemy; (c) the death of any person if an inquiry into the death is not required to be held by a civil authority; or (d) any other matter of a prescribed class, and a board of inquiry shall, if directed to do so, express an opinion on any question arising out of any matters referred to the board. (2) The Defence Council, the Service Commander or the commanding officer may convene a board of inquiry to investigate and report on any other matter. (3) A board of inquiry shall consist of the prescribed number of persons, being persons subject to this Act, and the chairperson of the board shall be an officer not below the rank of Lieutenant or corresponding rank. (4) Evidence given before a board of inquiry shall not be admissible against any person in proceedings before a court-martial, appropriate superior authority or commanding officer other than proceedings for an offence under section 107, or for an offence, under section 133 if the corresponding civil offence is perjury. 302. Report of inquiry into absence to be recorded (1) If a board of inquiry into the absence of an officer or service member reports that the person has been absent without leave or other sufficient cause for a period of at least twenty one days, as specified in the report, a record of the report shall be entered in the service books. [Issue 1] K7-128