CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] (2) For the purposes of this section— (a) a case shall be deemed to have been dealt with summarily by the commanding officer or appropriate superior authority despite the fact that the finding of that officer or authority has been quashed, or the award of that officer or authority quashed or varied, on the review; (b) an offence shall be deemed to have been condoned by the commanding officer of a person alleged to have committed the offence if, and only if, that officer or any officer authorised in relation to the alleged offence, with knowledge of all relevant circumstances, has informed the person that charges will not be brought against the person in relation to the alleged offence; (c) a person ordered under section 106(2) to be imprisoned for an offence under that section shall be deemed to have been tried by a courtmartial for the offence. (3) Except as provided for under this section, proceedings for an offence under Part VI (whether before a court-martial or before a commanding officer or appropriate superior authority) shall not be barred on the ground of condonation. Military prosecutions 213. Director of military prosecutions (1) There shall be a Director of Military Prosecutions in the Ministry responsible for Defence who shall be appointed by the Defence Council. (2) A person shall not be appointed as the Director of Military Prosecutions unless the person is— (a) an officer of at least the rank of Brigadier; and (b) an advocate of the High Court of Kenya of not less than ten years standing. (3) A person appointed as the Director of Military Prosecutions under this section shall— (a) have power to direct military police to investigate any information or allegation of criminal conduct, and a military police shall comply with any such direction; (b) exercise powers of prosecution under this Act and shall undertake prosecutions at a court-martial against any person subject to this Act in respect of any alleged offence under Part VI; (c) have power with the permission of the Judge Advocate to discontinue any proceedings before a court-martial at any stage before summing up by Judge Advocate. (4) The Director of Military Prosecutions shall not discontinue proceedings before a courts martial unless with the permission of the Judge Advocate. (5) Except as provided for in this Act, the Director of Military Prosecutions shall not require the consent of any person or authority for prosecutions and, in the exercise of the powers or functions under subsection (3) of this section shall not be under the direction or control of any person or authority. [Issue 1] K7-98