[Rev. 2012] (b) Kenya Defence Forces Kenya Defence Forces CAP. 199 subject to any time limit applicable by virtue of paragraph (a), a person may be tried by a court-martial for a civil offence committed outside Kenya despite the fact that it was committed more than three years before the beginning of the trial, if the Director of Public Prosecutions consents to the trial. (4) A person shall not be tried by a court-martial for an offence under Part VI, other than an offence under section 72, 73 or 74(1)(a), unless— (a) the trial is begun within three months after the person ceases to be subject to this Act; or (b) the trial is for a civil offence committed outside Kenya and the Director of Public Prosecutions consents to the trial. (5) If a person who has committed an offence under section 45(1)(a) (otherwise than on active service) has subsequently served as a member of the Defence Forces continuously in an exemplary manner for not less than three years, that person shall not be tried for that offence. 211. Trials by civil courts (1) Nothing in this Act restricts the offences for which a person may be tried by a civil court, or the jurisdiction of a civil court to try a person subject to this Act for an offence other than an offence under Part VI. (2) Where a person— (a) is tried by a civil court for a civil offence; and (b) has already been sentenced to or awarded punishment for an offence under Part VI consisting of an act or omission that constitutes (whether wholly or in part) the civil offence, section 63 of the Interpretation and General Provisions Act (Cap. 2) shall not apply but the civil court shall, in sentencing the person, have regard to the punishment imposed in respect of the offence under Part VI. 212. Persons not to be tried under this Act for offences already disposed of (1) A person who is subject to this Act shall not be liable in respect of an offence to be tried by a court-martial or to have the case dealt with summarily if the person— (a) has been tried for that offence by a competent civil court or under Part VI, or has had an offence committed by the person taken into consideration by any court or by a court-martial in sentencing the person; or (b) has been charged with an offence under Part VI, and has had the charge dismissed, or has been found guilty on the charge, by the person's commanding officer or the appropriate superior authority; or (c) has had an offence condoned by the person's commanding officer or the appropriate superior authority, as the case may be. K7-97 [Issue 1]