CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] (10) The Government shall compensate members or families of members of the Defence Forces, as the case may be, who lose their lives or suffer disabilities while exercising military service or training. 246. Obligation to serve during a state of emergency (1) Subject to this Act, every person who is contracted to serve in the Defence Forces is obliged to serve and remain in service during a state of emergency or when so required. (2) Nothing in this section may be construed as prohibiting an application for exemption or deferment of service by a member of the Defence Forces in terms of this Act. 247. Termination of service of members of regular force The service of a member of the regular force is terminated upon— (a) retirement; (b) resignation; (c) termination of commission; (d) dismissal from service; or (e) discharge from service. 248. Legal representation for members A member of the Defence Forces against whom a civil claim or any other action arising from his or her acts or omissions in the course of duty, has been instituted in any court, is entitled to legal representation at the expense of the State if substantive injustice would otherwise arise. PART XV – COMMISSIONING OF OFFICERS AND ENLISTMENT OF SERVICE MEMBERS 249. Commissioned officers (1) Subject to subsection (5), the President may confer a commission on any member of the Defence Forces. (2) A commission may either be— (a) a regular commission; or (b) a short service commission for a term not exceeding five years in the first instance. (3) Upon being granted a commission, a person shall take an oath of allegiance in the prescribed form as set out in the Fourth Schedule. (4) A member upon whom a commission has been conferred shall be issued with a Presidential parchment bearing the President's signature. (5) In order to qualify for a commission a person shall— (a) take oath and declare allegiance to the Republic and the Constitution; (b) meet prescribed criteria or training; [Issue 1] K7-110