CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] 240. Bringing into operation sections 221 and 231 Following a declaration of a state of emergency pursuant to Article 58 of the Constitution, if it appears to the President that, in the interest of national security or public interest, the provisions of either or both sections 221 and 231 come into operation for a specified period, either generally or in respect of a specified area, the President may, by order in the Gazette, direct that section or those sections, as the case may be, thereupon come into operation and remain in operation for the period specified in the Gazette. 241. Reports by the Defence Council on billeting The Defence Council shall report to Parliament all property billeted and the justification for billeting. PART XIV – SERVICE IN DEFENCE FORCES 242. Application Unless the contrary appears from the context, this Part applies to members of the regular force and to members of the reserve force. 243. Regular force (1) The regular force consists of persons not younger than eighteen years of age and not older than sixty two years and is organized in the manner prescribed. (2) The terms and conditions of service in the regular force as well as the conditions and procedures regarding enrolment, appointment, promotion and transfer, but not remuneration, are as prescribed. (3) In relation to regular forces the following shall apply— (a) the relevant provisions of any applicable law relating to the granting of pensions and related benefits, as well as any rules and regulations made in terms of or under those laws, apply to members of the regular force; and (b) any member enrolled in the regular force shall serve therein until he or she has been officially discharged therefrom. (4) A person shall not be enrolled in the regular force unless that person is a citizen. (5) A member of the regular force shall not participate in any other gainful employment unless prior authority has been obtained from the Cabinet Secretary. 244. Pensions and gratuity (1) The members of the Defence Forces shall be entitled to such pensions and gratuity as shall be determined by the Treasury in consultation with the Defence Council in accordance with regulations. (2) Where an officer or a service member has been dismissed under any circumstances provided for under this Act, the Defence Council may withhold, reduce the amount or suspend any such benefits payable to the officer or the service member under subsection (1). [Issue 1] K7-108