CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] 151. Rights and representation of an accused person during trial (1) An accused person who is subject to this Act shall be informed of the charges against him or her and of his or her right to be represented during the summary disciplinary proceedings or trial. (2) Subject to subsection (1), a person may be nominated as a representative if— (a) that person is an officer or a service member and remains as such while carrying out that function; (b) that person consents to the nomination; (c) the nominee is available and accessible at the time of the proposed trial; and (d) the nominee is not of an equivalent rank or higher rank than the trial authority. (3) The nominee under subsection (2) shall not be a person trained as a lawyer. (4) Notwithstanding subsection (3), where the offence is punishable by death, the accused person shall be entitled to legal representation at the expense of the State. 152. Conditions to be satisfied (1) A commanding officer or appropriate superior authority may try an accused person by summary trial if the following conditions are satisfied— (a) the accused person is within the prescribed ranks, that the commanding officer or appropriate superior authority is authorised to deal with; (b) having regard to the gravity of the offence, the commanding officer considers that his or her powers of punishment are adequate; (c) if the accused person has the right to elect to be tried by a courtmartial, the accused person has not elected to be so tried; (d) the offence is not one that, according to regulations, the commanding officer is precluded from trying; and (e) the commanding officer does not have reasonable grounds to believe that the accused person is unfit to stand trial or was suffering from a mental disorder at the time of the commission of the alleged offence. (2) Unless it is not practicable, having regard to all the circumstances, for any other commanding officer to conduct the summary trial, a commanding officer may not preside at the summary trial of a person charged with an offence if the commanding officer laid the charge or caused it to be laid or is the complainant. 153. Limitation of time for trial of offences (1) A person shall not have a charge dealt with summarily for an offence under this Act, other than an offence under sections 72, 73 or 74(1)(a), unless the trial begun within three years after the commission of the offence, subject to subsections (2) and (3). [Issue 1] K7-72