[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 (2) The Judge Advocate is not entitled to vote on the finding. (3) In the case of an equality of votes on the finding, the court shall acquit the accused. (4) In the case of an equality of votes on the sentence, the Judge Advocate has a casting vote. (5) A conviction, where the only punishment that the court can award is death shall not have effect unless it is reached with the concurrence of all members of the court and, where all the members do not concur in a conviction in such a case, the presiding officer shall declare a mistrial and the accused may be tried by another court. 177. Finding and sentence (1) Without prejudice to section 169, the finding of a court-martial on each charge shall be announced in open court. (2) The sentence of a court-martial, together with any recommendation to mercy, shall be announced in open court. Finding of Insanity 178. Where accused incapable of making defence (1) If, on the trial of a person by a court-martial, the court is of the opinion that the accused is of unsound mind and consequently incapable of making a defence, the court shall so find. (2) A finding under subsection (1) shall not have effect until it is promulgated in terms of section 183 of this Act. (3) If a finding under subsection (1) has been promulgated, it shall forthwith be reported to the President, and the accused shall be kept in custody during the President's pleasure in such place and manner as the President may direct, and pending the President's directions the accused shall be kept in service custody. (4) A finding under subsection (1) of this section shall not be a bar to further proceedings under this Act. 179. Where an accused person is insane (1) Where a person is charged with an act or omission as an offence, and evidence is presented at the trial of that person for that offence, that the person was insane so as not to be responsible for his acts or omissions at the time when the act was done or the omission made, then if it appears to the court before which the person is being tried that he did the act or made the omission charged but was insane at the time he did or made it, the court shall make a special finding to the effect that the accused was guilty of the act or omission charged but was insane when he did the act or made the omission. (2) When a special finding is so made, the court shall report the case for the order of the President, and shall meanwhile order the accused to be kept in custody in such place and in such manner as the court shall direct. (3) The President may order the person to be detained in a mental hospital, prison or other suitable place of safe custody. K7-83 [Issue 1]