CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for under this Act. 89. Damage to or loss of property (1) A person subject to this Act commits an offence if that person— (a) does an act that causes damage to or the loss of any public, nonpublic property or any property belonging to another person subject to this Act; and (b) either— (i) intends to cause damage to or the loss of any such property, and there is no lawful excuse for his or her act; or (ii) is reckless as to whether he or she causes damage to or the loss of the property. (2) A person subject to this Act commits an offence if that person— (a) negligently, does an act that causes damage to or the loss of any public or non-public property; or (b) does an act that is likely to cause damage to or the loss of any public or non-public property and— (i) is reckless as to whether he causes damage to or the loss of the property; or (ii) is negligent. (3) For the purposes of this section— (a) “act” includes an omission and references to the doing of an act are to be read accordingly; (b) references to “causing” include allowing; (c) “loss” includes temporary loss; (d) “property” means property of a tangible nature, and references to public property, non-public property, or property belonging to a person subject to this Act are to be read accordingly. (4) A person who commits an offence under this section is liable to upon conviction by a court-martial, to imprisonment for a term not exceeding fifteen years or to any lesser punishment provided for under this Act. 90. Causing fire A person subject to this Act who willfully or negligently or by neglect of, or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission causes or is likely to cause fire to occur in any material, the Defence Forces establishment or work for the Defence Forces, commits an offence and on conviction by a court-martial— (a) if the person acted willfully, is liable to imprisonment for life or to lesser punishment; or (b) in any other cases, is liable to imprisonment for term not exceeding two years or to lesser punishment. [Issue 1] K7-52