[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 which could have been included in the original award, but no award shall be varied under this subsection to the prejudice of the accused unless the accused has had an opportunity of being heard by, or of making written representation to, the reviewing authority. (4) In this section, “the reviewing authority” means— (a) the officer superior in command to the officer who dealt summarily with the charge; (b) the Service Commander; (c) the Chief of the Kenya Defence Forces, if the Commander was involved in the summary proceedings; or (d) the Defence Council. 159. Automatic administrative review (1) Upon reaching a determination in relation to any offence tried by the commanding officer, the commanding officer shall, within fourteen days, submit the findings of the trial in writing, to a superior commander for review. (2) The superior commander shall within fourteen days of receipt of the findings, review the findings and inform the accused person of the outcome of the review, in writing. (3) The administrative review under subsection (1) shall not preclude the accused person from seeking other legal redress from any other authority provided for under this Act or any other written law, or applying for a review to the Defence Council. PART IX – COURTS MARTIAL Constitution of Courts Martial 160. Constitution of the courts martial (1) In the case of any proceedings, the courts martial established under Article 169 of the Constitution shall consist of— (a) a Judge Advocate, appointed under section 165, who shall be the presiding officer; (b) at least five other members, appointed by the Defence Court-martial Administrator if an officer is being tried; and (c) not less than three other members in any other case. (2) The members of the court-martial shall be officers so qualified and not ineligible in accordance with section 164. (3) At least one of the members provided for in subsection (1) shall be— (a) of equivalent rank as the accused person where the accused person is an officer; and (b) the lowest ranking officer in the Defence Forces where the accused person is a service member. (4) The Chief Justice may make rules generally to regulate the administration and proceedings of the courts martial. K7-77 [Issue 1]