[Rev. 2012] (c) (d) (e) (f) Kenya Defence Forces Kenya Defence Forces CAP. 199 the accused person at the time of the fraternization, knew the person to be an enlisted member; the fraternization violated military customs and traditions; under the circumstances, the conduct of the accused resulted to prejudice of good order and discipline in the Defence Forces; and under the circumstances, the conduct of the accused was of such nature as to bring discredit upon the Defence Forces. 129. Offences relating to dual citizenship (1) A person who is subject to this Act commits an offence if that person— (a) fails to disclose on enlistment or commissioning the fact that the person holds dual citizenship; or (b) acquires dual citizenship while in service. (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for under this Act. 130. Cheating in examination (1) A person subject to this Act who, before, at, during or in anticipation of an examination, cheats commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term, not exceeding two years or any lesser punishment provided for under this Act. (2) For purposes of this section, “cheating” includes any act or omission— (a) by a fraudulent trick or device or in abuse of office or with intent to unjustly benefit any person, by which the person procures, a question paper or an answer script produced or intended to be used in an examination or graded exercise, or gives, allows to be given to another person, allows to be procured for another person or is in any way concerned in the unjust benefit, procurement or giving of such a paper or script; or (b) by any false pretence with intent to cheat or unjustly benefit the person or any other person or for any other purpose whatsoever, buys, sells, procures or otherwise deals with a question paper or answer script intended for use or represented as genuine in respect of a particular examination or graded exercise of persons. (3) For the purposes of subsection (2), it is immaterial that the question paper or answer sheet concerned is proved not to be the one in question, or to be false, not genuine or not related to the examination. 131. Attempt to commit an offence A person subject to this Act who attempts to commit an offence under any of the provisions of this Act commits an offence and shall be liable, on conviction by a court-martial, to— (a) imprisonment for a term not exceeding seven years, if the attempted offence is punishable by death or by imprisonment for life; or K7-65 [Issue 1]