CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] 262. Calling out reservists temporarily (1) At any time the President, by notice in the Gazette, may temporarily call out reservists, whether by class or by name to— (a) strengthen the Defence Forces in time of war; or (b) support the civil power in the maintenance of order in the event of disturbances, insurrection, hostilities or public emergency for a period not exceeding twenty-eight days. (2) In a notice issued under subsection (1), the President may give or authorise the Cabinet Secretary to give such directions as may seem necessary or proper for facilitating the calling out of the reservists. (3) Every notice and directions under this section shall be obeyed, and every reservist called out by the notice shall attend at the place and time appointed by the notice or the directions, and after that time shall be deemed to be called out on temporary service. 263. Calling out reservists on permanent service (1) At any time when Article 58 of the Constitution applies is or in operation (whether generally or in a part of Kenya), the President may, by proclamation, call out reservists, whether by class or by name, on permanent service, either generally or (as the case may be) in that part of Kenya. (2) In a proclamation issued under subsection (1), the President may give or authorise the Cabinet Secretary to give such directions as may seem necessary or proper for facilitating the calling out of the reservists. (3) Every reservist who is an officer called out on permanent service is liable to serve until the officer's services are no longer required, but in any case not beyond the age limits specified in section 251(2), irrespective of whether the officer held a regular commission or a short service commission, together with such further period as the Cabinet Secretary may determine. (4) Every reservist who is a service member called out on permanent service is liable to serve as a service member until the member's services are no longer required, but in any case not longer than the remainder of the member's period of service in the reserve together with such further period as the Cabinet Secretary may determine. 264. Punishment for non-attendance (1) Any reservist who, without leave lawfully granted or other reasonable excuse, fails to report when called out under this Part shall if— (a) called out under section 261 or 262, commits an offence of absence without leave within the meaning of section 75; (b) called out under section 263, commits an offence, according to the circumstances, of desertion within the meaning of section 74, or of absence, without leave within the meaning of section 75. (2) Section 137 shall apply to reservists who commit an offence under this section as it applies to persons otherwise subject to this Act. [Issue 1] K7-116

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