CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] (2) For purposes of subsection (1), “fair wear and tear” means such fair wear and tear as might have been expected to occur but for the fact that the vehicle was requisitioned. (3) The person by whom a vehicle is furnished under a requisitioning order for the purpose of its being purchased shall be entitled to be paid the value of the vehicle at the time at which it is furnished. (4) If a vehicle is furnished under a direction under section 234— (a) for the purposes of subsection (1)(a) and (b) (if that subsection applies), the period for which possession of the vehicle is retained shall be deemed to begin at the time when the direction is given, and for the purposes of subsection (3) (if that subsection applies), the vehicle shall be deemed to have been furnished at that time; (b) in addition to the payments provided for by subsection (1) or subsection (3), the person by whom the vehicle is furnished shall be entitled to be paid the amount of any expenditure reasonably incurred by him or her in complying with the direction. (5) If a direction to furnish a vehicle is given under section 234, and after the giving of the direction any damage occurs to the vehicle (whether or not resulting in its total loss), if the damage prevents the vehicle being furnished in accordance with the requisitioning order, the foregoing provisions of this section shall apply as if the vehicle had been furnished and had been furnished otherwise than for the purpose of its being purchased (despite the fact that it may have been required to be furnished for the purpose of its being purchased), subject however to the following modifications— (a) subsection (1) shall have effect as if for the period therein mentioned there were substituted the period beginning with the giving of the direction and ending immediately after the occurrence of the damage; and (b) subsection (4) shall have effect as if the expression “in complying with” were replaced by the expression “by reason of anything done for the purpose of complying with”. (6) If a person is required by a direction to furnish a vehicle— (a) the person shall notify the details of the requisitioning and of any payment thereof to any person known to that person to have an interest in the vehicle; and (b) any person having an interest shall be entitled to recover from the person giving notice the part, if any, of the payment received by that person for the vehicle as may be just. (7) If, during the period for which possession of a vehicle is retained, a total loss of the vehicle occurs, then— (a) for the purposes of subsection (1), that period shall be deemed to have come to an end immediately after the occurrence of the loss; and (b) no claim shall be made for the return of the vehicle, if it still exists, or for any payment in respect thereof other than what is provided for by subsection (1). [Issue 1] K7-106