[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 (6) The office of the Director of Military Prosecutions shall be a separate office from that of the legal department in the Defence Forces or Ministry. 214. Delegation of powers and function by the Director of Military Prosecutions (1) The powers of the Director of Military Prosecutions, except the power to discontinue proceedings before a court-martial, may be exercised in person, or by any legal officers, appointed by the Defence Council and acting under the Director of Military Prosecutions. (2) A delegation or assignment under subsection (1) shall not prevent the Director of Military Prosecutions from exercising the power in question in person. (3) A delegation under this section— (a) shall not divest the Director of Military Prosecutions of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and (b) may be withdrawn, and any decision made by the person so delegated to may be withdrawn or amended by the Director of Military Prosecutions. PART XII – FORFEITURES AND DEDUCTIONS 215. General Provisions (1) No forfeiture of the pay of an officer or service member shall be imposed and no deduction from such pay shall be made unless it is authorised by this Act or as prescribed. (2) Where deduction or forfeiture is ordered from the pay of an officer or service member, that person shall, subject to the deduction or forfeiture remain in receipt of payment at a rate not less than that prescribed for the purposes of this section and any amount which the person should pay or forfeit for any period may be recovered by deduction from pay until all payment or amount due is recovered. (3) Any amount authorised to be deducted from the pay of an officer or service member may be deducted from any balance (whether or not representing pay) which may be due to the officer or service member, and references in this Act to the making of deductions from pay shall be construed accordingly. 216. Forfeiture of pay for absence from duty (1) The pay of an officer or service member shall be forfeited— (a) for any day of absence in circumstances that constitute an offence under section 74 or 75 or, if the Chief of the Kenya Defence Forces or an authorised officer so directs, for any day of other absence without leave (other than absence by reason of having been captured by the enemy); (b) for any day of imprisonment or active service punishment to which the officer or service member is sentenced by a court-martial or that K7-99 [Issue 1]