Related Rule
Practice Relating to Rule 107. Spies
Section B. Status of spies
Kenya’s LOAC Manual (1997) states:
Those captured while engaged in espionage do not have POW [prisoner-of-war] status but may not be punished without trial … Members of the armed forces who were involved in spying cease to be spies as soon as they return to their own lines. If subsequently captured, they cannot be punished for their previous spying activities. 
Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 2, p. 9.