CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] (4) In the appointment of the Chief of the Defence Forces, the Vice Chief of the Defence Forces or the three Service Commanders, the President shall— (a) ensure that the provisions of Articles 27 and 241(4) of the Constitution are respected and upheld; and (b) be guided by the provisions of Article 73(2)(a), (b) and (d) of the Constitution. 24. Term of office The Chief of the Defence Forces, the Vice Chief of the Defence Forces and the Service Commanders shall serve for a single term of four years or retire upon the attaining of the mandatory retirement age, whichever comes first. 25. Determination of salaries The Salaries and Remuneration Commission shall set and regularly review the remuneration and benefits of the Chief of the Defence Forces, the Vice Chief of the Defence Forces and three Service Commanders in accordance with Article 230(4) of the Constitution and the Salaries and Remuneration Act, 2011 (Act No. 10 of 2011). 26. Removal, retirement and deployment from Defence Forces The President may remove, retire or redeploy the Chief of the Defence Forces, the Vice Chief of the Defence Forces or any of the Service Commanders at any time before the expiry of the term of office. 27. Vacancy (1) The Office of the Chief of the Defence Forces, the Vice Chief of the Defence Forces or a Service Commander shall become vacant if— (a) the holder— (i) dies; (ii) resigns from office by a notice in writing addressed to the President; (iii) is retired, redeployed or removed from office in accordance with section 26; (iv) is dismissed from the Defence Forces by a court-martial; (b) the holder's commission is terminated; or (c) the holder's service is terminated on disciplinary or any other ground. (2) Where a vacancy occurs under subsection (1), the President shall appoint a replacement in accordance with section 23. 28. Recruitment and appointment of members of Defence Forces (1) The Defence Council shall recruit and appoint members of the Defence Forces, other than the members who are State Officers. (2) In developing the criteria for the recruitment, promotion and transfer of members of the Defence Forces, the Defence Council shall consult with the Public Service Commission. [Issue 1] K7-28

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