[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 166. Indemnity from personal liability In the performance of their duties, court administrators, prosecutors, the presiding officer and the members of a court-martial shall not be liable for any criminal or civil proceedings or administrative sanctions for anything done, omitted to be done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function under this Act. Provisions relating to trial 167. Challenge (1) An accused person may, on any reasonable grounds, object to any member of the court, whether appointed originally or in place of another member. (2) To enable the accused person exercise the right of objection conferred by subsection (1), the names of the members of the court shall be read out in the presence of the accused person before their swearing in, and the accused shall be afforded an opportunity to object to any of those members. (3) Every objection made by an accused to a member shall be considered by the other members of the court. (4) If the objection is to the presiding officer and a majority of the other members of the court allow it, the court shall adjourn and the Chief Justice shall appoint another presiding officer in accordance with section 165. (5) If the objection is to any other member of the court and a majority of the members entitled to vote allow it, the member objected to shall retire and the vacancy may be, or if the number of members would be reduced below the legal minimum shall be, filled in the prescribed manner by another officer. 168. Oaths and affirmations (1) An oath shall be taken by every member of a court-martial, the Judge Advocate and any other person attending as interpreter person recording the proceedings or officer under instruction. (2) Every witness before a court-martial shall give evidence on oath, but— (a) if a child called as a witness does not, in the opinion of the court, understand the nature of the oath, the child's evidence may be received unsworn if in the opinion of the court the child is sufficiently intelligent to justify the evidence being received and understands the duty of speaking the truth, but if the child's evidence is given unsworn on behalf of the prosecution, the accused may not be convicted upon that evidence unless it is corroborated by some other material evidence supporting it and implicating the accused; or (b) if a person objects to being sworn on the ground either that the person has no religious belief or that the taking of an oath is contrary to the person's religious belief, or if it is not reasonably practicable to administer an oath to a person in the manner appropriate to the person's religious belief, that person shall make an affirmation instead. K7-79 [Issue 1]