CAP. 199 (b) (c) (d) Kenya Defence Forces Kenya Defence Forces [Rev. 2012] surrenders to the enemy any aircraft, ship, vehicle of the defence, any establishment or any part of an establishment of the Defence Forces, when it is capable of being successfully defended or destroyed; fails to pursue an enemy whom it is the person's duty to pursue, or to assist to the utmost of the person's ability any member of a friendly force whom it is the person's duty to assist; or in the course of any action by or against the enemy, improperly abandons his or her command. (2) A person who commits an offence under subsection (1) shall be liable, upon conviction by a court-martial— (a) if the person acted traitorously, to suffer death or any other punishment provided for by this Act if the offence is committed with intent to assist the enemy; or (b) to imprisonment for life or any lesser punishment provided for by this Act, in any other case. 63. Misconduct in action by others A person who is subject to this Act, who fails, if not in command of any aircraft, ship, vehicle or establishment of the Defence Forces, to use the person's utmost exertions to carry out lawful orders of superior officers into execution when ordered to prepare for action by or against the enemy or during any such action, commits an offence and shall be liable, upon conviction by a martial court— (a) to suffer death or any other punishment provided for by this Act if the offence is committed with intent to assist the enemy; or (b) to imprisonment for life or any lesser punishment provided for by this Act, in any other case. 64. Cowardice (1) A person who is subject to this Act commits an offence if that person, when before an enemy, and in such a manner as to show cowardice— (a) leaves the post, position or other place where it is the person's duty to be; (b) throws away the person's arms, ammunition or tools; (c) otherwise behaves in such a manner as to show cowardice; (d) induces other persons subject to this Act to commit an offence of cowardice under this section; (e) runs away; or (f) shamefully abandons, surrenders or delivers up any command, unit, place, or military property which it is his or her duty to defend under this section. (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for life or any lesser punishment provided for by this Act. [Issue 1] K7-42