CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] 68. Being captured through disobedience or neglect, and failure to rejoin Defence Forces (1) A person who is subject to this Act commits an offence if that person— (a) is captured by an enemy through disobedience of orders or willful neglect of the person's duty; (b) having been captured by an enemy— (i) fails to take any reasonable and available steps to rejoin the Defence Forces; or (ii) prevents or discourages any other person subject to this Act who has been captured by the enemy from taking any reasonable and available steps to rejoin the Defence Forces. (2) A person who commits an offence under the provisions of subsection (1) shall be liable, upon conviction by a court-martial, to imprisonment for life or any lesser punishment provided for by this Act. 69. Offences by or in relation to sentries, etc. (1) A person who is subject to this Act commits an offence if that person— (a) while on guard duty or watch— (i) sleeps at the person's post; or (ii) is drunk; or (iii) leaves the person's post without having been regularly relieved or otherwise leaves any place where it is the person's duty to be; (b) when not on duty at a post, is asleep at a time when the person is not allowed to be asleep; or (c) strikes or otherwise uses force against a person on guard duty or watch, being a member of the Defence Forces or any co-operating forces or of any visiting force; or (d) by the threat of force, compels any person contemplated in paragraph (c), to let any person pass. (2) For the purposes of subsection (1)(a)(ii), a person is drunk if, owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, the person— (a) is unfit to be entrusted with any duty that the person may be called upon to perform; or (b) behaves in a disorderly manner, or in a manner likely to bring discredit to the Defence Forces. (3) References in this section to a person on guard duty or watch are references to a person who— (a) is posted or ordered to patrol, or has adopted the position of sentry at a post or has undertaken the patrol; [Issue 1] K7-44