CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] 161. Guiding principles in exercising Judicial authority In addition to other principles and values provided for in the Constitution, the court-martial shall, in the exercise of its powers and discharge of its functions, be guided by the principles provided for under Article 159(2) of the Constitution. 162. Sitting and power of the court-martial (1) The court-martial may sit in any place, whether within or outside the Republic of Kenya. (2) If a court-martial sitting at some place considers it necessary in the interests of justice to sit at some other place, it may adjourn for the purpose of sitting at that other place. (3) A court-martial shall have the power to try any person subject to this Act for any offence under this Act, and to award any punishment provided for by this Act for that offence. 163. Convening of court-martial (1) A court-martial may be convened by the Defence Court-martial Administrator or Service Court-martial Administrator in respect of each service, as the case may be. (2) An order convening a court-martial shall be signed either by the Defence Court-martial Administrator or by the Service Court-martial Administrator in respect of each Service. (3) For purposes of this section, the Defence Court-martial Administrator and Service Court-martial Administrators shall be legal officers who qualify to be appointed as Registrars of the Court of Appeal and High Court respectively, and shall be appointed by the Defence Council. 164. Disqualifications for membership of court-martial (1) The convening officer shall not be a member of a court-martial which that officer convenes. (2) An officer who, at any time between the date on which the accused was charged with the offence and the date of the trial, has been the accused's commanding officer, and any officer who has investigated the charge against the accused, or who under service law has held or been one of the persons holding an inquiry into matters relating to the subject-matter of the charge, shall not be a member of the court-martial which tries that accused, nor shall that person be Judge Advocate at the court-martial. 165. Appointment of Judge Advocate There shall be a Judge Advocate at each court-martial, who shall be— (a) a magistrate; or (b) an advocate of not less than ten years standing, appointed by the Chief Justice. [Issue 1] K7-78