CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] (5) If an accused is charged before a court-martial with an offence under section 133 and— (a) the corresponding civil offence is one in proceedings for which, if the accused had been tried by a civil court for committing the offence in Kenya, the accused might have been convicted of another civil offence; and (b) the court-martial finds that the accused has committed that other civil offence, the accused may be convicted of an offence under section 133 in respect of the commission of that other civil offence. (6) An accused charged before a court-martial with an offence under Part VI may be convicted for another offence under Part VI where the evidence shows that the accused has committed that other offence. 174. Death of a judge advocate or member of the courts martial (1) If after the trial has begun— (a) the court-martial is, by reason of the death of the Judge Advocate or for any other reason, the Judge Advocate is unavailable to proceed with the hearing of the matter, his or her successor, appointed in accordance with this Act, may deal with any evidence taken down under this Act as if such evidence had been taken down by him or her or under his or her direction under this Act, and may proceed with the case from the stage at which his or her predecessor left it; or (b) it is represented to the court-martial that, owing to the sickness or other incapacity of the accused, it is impracticable having regard to all the circumstances to continue the trial within a reasonable time, the presiding officer may declare a mistrial. (2) Where for any reason, three or more members of the court-martial who started the initial hearing of the matter at hand are absent or are unable to continue with the hearing, the accused person shall have the discretion to chose to proceed with the matter with the newly appointed members or request for a retrial. (3) In the event that a mistrial is declared, a new court-martial may be reconvened to try the accused. 175. Rulings and directions by Judge Advocate (1) In proceedings before a court-martial, rulings and directions on questions of law, procedure or practice shall be given by the Judge Advocate. (2) Any rulings or directions given under subsection (1) shall be binding on the court. 176. Decision of court-martial (1) Subject to this section, every question to be determined on a trial by a courtmartial shall be determined by a majority of the votes of the members of the court. [Issue 1] K7-82