CAP. 199 (b) Kenya Defence Forces Kenya Defence Forces [Rev. 2012] a person, whether subject to this Act or not, lawfully exercising authority under or on behalf of a military police, duty officer or officer of the patrol. (2) A person who commits an offence under subsection (1) shall be liable, upon conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act. Malingering, drunkenness and quarrelling 84. Malingering (1) A person who is subject to this Act commits an offence if that person— (a) falsely pretends to be suffering from sickness or disability; or (b) incurs a self-inflicted injury with the intent to become unfit or temporarily unfit for service, or with that intent, causes or allows another person to inflict such an injury on him or her; or (c) injures another person subject to this Act at the instance of that other person, with the intent to render that other person unfit or temporarily unfit for service; or (d) with intent to become or remain unfit or temporarily unfit for service, does or fails to do anything to produce, prolong or aggravate any sickness or disability, whether at the time of the act or omission the person is in hospital or not. (2) A person who commits an offence under subsection (1) shall be liable, upon conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act. 85. Unfitness or misconduct through alcohol or drugs (1) A person who is subject to this Act commits an offence if, due to the influence of alcohol or any drug— (a) that person is unfit to be entrusted with his or her duty or any other duty which he or she might reasonably be expected to be called upon to perform; or (b) that person's behavior is disorderly or likely to bring discredit to the Defence Forces. (2) Subsection (1) shall not apply to the influence of a drug on the person if— (a) the drug was taken or administered on medical advice and the person complied with any directions given as part of that advice; (b) the drug was taken or administered for a medicinal purpose, and the person had no reason to believe that the drug might impair his or her ability to carry out the duties mentioned in subsection (1)(a) or as the case may be, result in his behaving in a way mentioned in subsection (1)(b). (3) In this section— (a) “drug” includes any intoxicant other than alcohol; (b) “behavior” includes an act, sign or anything said by that person. [Issue 1] K7-50