CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] (2) Where a person who is subject to this Act remains in custody for eight days without being tried by a court-martial or dealt with summarily— (a) a special report on the necessity for further delay shall be made by the person's commanding officer to the Service Commander in the prescribed manner; and (b) a similar report shall be made to the Service Commander in the prescribed manner every eight days until a court-martial sits or the offence is dealt with summarily or the person is released from arrest. (3) Where an accused person is on active service, subsection (2) shall not apply except so far as is reasonably practicable, having regard to the exigencies of active service. (4) Notwithstanding the extensions granted under subsection (2), circumstances under subsection (3) or limitation of rights of an arrested person provided for under section 54, a person shall not, at any given time, whether in active service or not, be held in custody for a period exceeding forty two days in aggregate. (5) Where the summary disciplinary proceeding have not commenced or the court-martial has not been convened after the expiry of forty two days, the commanding officer shall hold the accused person under open arrest on such conditions as the commanding officer may determine. 141. Power to arrest deserter or an absentee (1) A police officer may arrest any person whom the police officer has reasonable cause to suspect of being an officer or service member who has deserted or is absent without leave. (2) If a police officer is not available, any person may arrest another person whom the first person has reasonable cause to suspect of being an officer or service member who has deserted or is absent without leave. (3) Any person who has the authority to issue a warrant for the arrest of a person suspected of committing or having committed a criminal offence, who is satisfied by evidence on oath that there is an officer or service member who has, or is reasonably suspected of having, deserted or is absent from duty without leave within the authorised person's jurisdiction, may issue a warrant authorising that person's arrest. (4) Any person who is arrested under this section shall as soon as is reasonably practicable be brought before a Magistrates' Court. (5) Despite provisions of any other written law, a person who has been arrested and brought before a Magistrates' Court under this section or under sections 142 or 143 shall not be entitled to bail. 142. Proceedings before civil court where a suspected deserter or an absentee is arrested and arraigned in court (1) This section applies when a person, who is brought before a Magistrates' Court, is alleged to be an officer or service member or a member of the constabulary who has deserted or is absent without leave. [Issue 1] K7-68