CAP. 199 (h) (i) Kenya Defence Forces Kenya Defence Forces [Rev. 2012] gives any false air signal, or alters or interferes with any air signal or any apparatus for giving an air signal; or when ordered by the person's superior officer, or otherwise under orders, to carry out any warlike operations in the air, fails to use the person's utmost exertions to carry such orders into effect. (2) A person subject to this Act who negligently causes or allows the capture, or destruction, by the enemy of any of the aircraft of the Defence Forces or of any co-operating forces commits an offence. (3) A person who commits an offence under this section is liable, upon conviction by a court-martial— (a) to suffer death or any other punishment provided for by this Act if the offence is committed with intent to assist the enemy; or (b) to life imprisonment or any lesser punishment provided for by this Act, in any other case. 59. Communication with enemy (1) A person subject to this Act who, without authority, communicates with or gives intelligence to the enemy or to any unauthorised person, commits an offence and shall be liable, upon conviction by a court-martial— (a) to suffer death or any other punishment provided for by this Act if the offence is committed with intent to assist the enemy; or (b) to imprisonment for life or any less punishment provided for by this Act, in any other case. (2) For the purposes of this section, “intelligence” means information that is, or purports to be, about any matter that would or might be directly or indirectly useful to an enemy and, includes information about— (a) the number, description, armament, equipment, disposition, movement or condition of the Defence Forces or any co-operating forces, or of any unit of the Defence Forces or any co-operating forces, or any of the vehicles, aircraft or ships of the Defence Forces or any co-operating forces; (b) any operations or projected operations of the Defence Forces or of any co-operating forces, or of any unit thereof, or of any of their aircraft or ships; (c) any code, cipher, call sign, password, countersign or frequency; (d) any measures for the defence or fortification of any place on behalf of the Defence Forces or of any co-operating forces; (e) the number, description or location of any prisoners of war; or (f) weapons or munitions of war. 60. Spying (1) A person who is subject to this Act who, in time of war or armed conflict is found acting as a spy— (a) in or about any place, vessel, aircraft, within the control or jurisdiction of the Defence Forces; [Issue 1] K7-40

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