[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 (2) When calculating a period contemplated in subsection (1), any period during which a person was illegally absent or a prisoner of war shall be disregarded. (3) In applying subsection (1), in the case of an offence under section 133, if any written law requires that proceedings for the corresponding civil offence shall be brought within a particular time, that time limit shall apply to the trial of the offence under that section instead of three years (the same periods being disregarded). 154. Hearing procedures (1) If a person who is subject to this Act accepts summary trial, that person or his or her representative may present evidence and call witnesses during the hearing. (2) The commanding officer shall consider all information offered during the hearing, and shall be convinced that the accused person actually committed the offence he or she is accused of before imposing the punishment. 155. Charges against officers and cadets (1) After investigating a complaint against an officer or a cadet, the military police shall forward the investigation report in the form of an abstract of evidence and appropriate charges, if any, to the commanding officer, who— (a) may deal summarily with the charge if it is one that the commanding officer has power to deal with summarily, and the commanding officer considers that the charge should be so dealt with; (b) may dismiss the charge on the grounds that it ought not to be further proceeded with; or (c) shall refer the abstract of evidence and the charge in the prescribed manner to the Director of Military Prosecutions or the appropriate superior authority as the case may be, in any other case. (2) If the commanding officer deals with a charge summarily and records a finding of guilt, the punishments that may be awarded to an officer of the rank of captain or corresponding rank or below are, subject to the limitations hereinafter provided, those set out in the following scale— (a) forfeiture of up to six months' seniority of rank; (b) a fine not exceeding half a month's pay; (c) severe reprimand; (d) reprimand; (e) admonition; or (f) if the offence has occasioned any expense, loss or damage, stoppages. (3) If the commanding officer deals with a charge summarily and records a finding of guilt, the punishments that may be awarded to a cadet are, subject to the limitations hereinafter provided, those set out in the following scale— (a) dismissal from the Defence Forces; (b) severe reprimand; K7-73 [Issue 1]

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