[Rev. 2012] (b) (c) Kenya Defence Forces Kenya Defence Forces CAP. 199 in or about any shipyard, any manufacturing or industrial plant; or any other place or institution engaged in work in aid of the operations of war by the Defence Forces or elsewhere, commits an offence and shall be liable, on conviction by a court-martial, to suffer death or other punishment provided for by this Act. (2) For purposes of this Act a person shall be deemed to be a spy if, acting clandestinely or on false pretences, the person obtains, or endeavors to obtain, intelligence in the zone of operations of the Defence Forces, with the intention of communicating it to the enemy. (3) For purposes of this section a person can be a spy only when, acting clandestinely, whether overtly or covertly or under false pretences, to obtain or seek to obtain information with the intent to convey it to a hostile party. (4) For purposes of this section, it is not essential that the accused obtain the information sought or that it be communicated. 61. Offences by service member or officer when in action (1) A person who is subject to this Act commits an offence if that person, being a service member or officer, not otherwise in command— (a) fails to obey orders issued by a person in command to carry out an operation of war or, on coming into contact with an enemy that it is the duty of the service member or officer to engage, does not bring his or her vessel, aircraft or other material into action; (b) being in action, improperly withdraws from the action; (c) improperly fails to pursue an enemy or to consolidate a position gained, (d) improperly fails to relieve or assist a friendly force to the utmost of his or her power and ability, or (e) when in action, improperly forsakes his or her station. (2) A person who commits an offence under subsection (1) shall be liable, upon conviction by a court-martial— (a) if the officer or service member acted traitorously, to suffer death; (b) if the officer or service member acted from cowardice, to imprisonment for life or lesser punishment; or (c) in any other case a lesser punishment. 62. Offences by a person in command when in action (1) A person who is subject to this Act commits an offence if that person, being in command of any aircraft, ship, vehicle or establishment of the Defence Forces— (a) fails to use the person's utmost exertions to bring into action any aircraft, ship or vehicle that it is the person's duty to bring into action; K7-41 [Issue 1]