CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding three years, and may be arrested without a warrant by any member of the military police or any police officer. 270. Prohibition of torture or cruel treatment (1) A member of the Defence Forces shall not subject any person to torture, cruel, inhuman or degrading treatment. (2) A member of the Defence Forces who subjects a person to torture commits an offence and is liable on conviction to a fine not exceeding ten million shillings or imprisonment for a term not exceeding twenty five years or both. (3) A member of the Defence Forces who subjects a person to cruel, inhuman or degrading treatment commits an offence and is liable on conviction to a fine not exceeding five million shillings or imprisonment for a term not exceeding fifteen years or both. (4) In this section— “cruel, inhuman or degrading treatment or punishment” means a deliberate and aggravated treatment or punishment not amounting to torture, inflicted by a person in authority or the agent of the person in authority against a person under his or her custody, causing suffering, gross humiliation or debasement to the person; “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for the purpose of— (i) obtaining information or a confession from the person or from a third person; (ii) punishing the person for an act which that person or a third person has committed or is suspected of having committed; (iii) intimidating or coercing that person or a third person; or (iv) for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. 271. Procuring and assisting desertion A person who— (a) procures or persuades a person to desert or to be absent without leave from the Defence Forces; (b) knowing that a person is about to desert or be absent without leave from the Defence Forces, assists the person in so doing; or (c) knowing a person to be a deserter or absentee without leave from the Defence Forces, conceals the person or assists in such concealment in rescuing the person from custody, commits an offence and shall be liable, on conviction by a civil court, to imprisonment for a term not exceeding one year. [Issue 1] K7-118