CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] that the person is an officer, service member or a member of the constabulary who has deserted or is absent without leave, the police officer may— (a) cause the person to be delivered into service custody without being brought before a Magistrates' Court; or (b) bring the person before a Magistrates' Court. 144. Certificate of arrest or surrender of deserter or absentee (1) If a Magistrates' Court deals with a person under section 142, when that person is delivered into service custody, there shall be handed over with the person, a certificate in the prescribed form, signed by a magistrate, containing particulars of the arrest or surrender and of the proceedings before the court. (2) If a person is delivered into service custody without being brought before a court under section 143, or under any other lawful power, there shall be handed over with the person a certificate, in the prescribed form, signed by the police officer who causes the person to be delivered into service custody, containing the particulars of the person's surrender. (3) In any proceedings for an offence under section 74 or 75— (a) a document, purporting to be a certificate under subsection (1) or subsection (2) of this section, or under the corresponding provisions of any service law other than this Act, and to be signed as required, shall be evidence of the matter stated in the document; and (b) if the proceedings are against a person who has been taken into service custody on arrest or surrender, a certificate purporting to be signed by a military police or any corresponding officer of the forces of another country, or by any other officer in charge of the guard-room or other place where that person was confined on being taken into custody, stating the fact, date, time and place of arrest or surrender, shall be evidence of the matters stated in the certificate. 145. Superintendent of prison to receive deserters and absentees It shall be the duty of the superintendent or other person in charge of a civil prison, or the person in charge of any police station or other place provided for the confinement of persons in custody, to receive any person duly committed to that prison, police station or place by a Magistrates' Court as being an officer, service member or member of the constabulary who has deserted or is absent without leave, and to detain that person until delivered into service custody in accordance with the directions of the court. 146. Temporary reception of person in service custody into civil custody (1) If a person who is charged with, or with a view to being charged with, an offence under Part VI is in service custody, it shall be the duty of the superintendent or other person in charge of a civil prison, or the person having charge of any police station or other place provided for the confinement of persons in custody, to receive and detain that person for a period not exceeding fifteen days, upon receiving a written order, in the form prescribed in the Third Schedule, and signed by the person's commanding officer. [Issue 1] K7-70