CAP. 199
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
199. Procedure
Subject to this Part and to any rules of court, the provisions of the Criminal
Procedure Act (Cap. 75) relating to the hearing of appeals from subordinate courts
shall apply to the hearing and determination of appeals under this Part.
PART XI – PROVISIONS CONCERNING TRIAL AND PUNISHMENT
200. Commencement of sentence of imprisonment
(1) A sentence of imprisonment or of active service punishment in respect of
an offence under Part VI shall run from the beginning of the day on which sentence
was originally pronounced by the court-martial, or was originally awarded by the
commanding officer or appropriate superior authority, as the case may be, subject
to subsection (2).
(2) If, after being convicted or found guilty of an offence, a person is convicted
or found guilty of another offence either before sentence is passed under the first
conviction or before the expiration of that sentence, any sentence of imprisonment
or active service punishment in respect of the subsequent conviction shall be
executed after the expiration of the former sentence, unless the sentence is
executed concurrently with the former sentence or any part thereof.
201. Duration of sentence of imprisonment
(1) If a person who is serving a sentence of imprisonment in respect of an
offence under Part VI becomes unlawfully at large during the currency of the
sentence—
(a) in calculating the period for which the person is liable to be imprisoned
under the sentence, no account shall be taken of the time beginning
with the day on which the person became at large and ending with the
day on which the person is taken into service custody or the custody
of a civil authority or (not having been taken into such custody) returns
to the place of imprisonment before he or she become unlawfully at
large;
(b) but the person satisfies the prescribed authority that, during any part
of a period contemplated in paragraph (a), the person was in the
custody of a civil authority otherwise than on account of an offence
committed while unlawfully at large, such part shall not be disregarded
in calculating the period for which the person is liable to be imprisoned
under the sentence.
(2) For the purposes of subsection (1), “civil authority” means an authority,
other than a service authority, of Kenya or of a foreign country (including a police
officer), authorised by law to detain persons.
(3) A person who—
(a) is serving a sentence of imprisonment in a civil prison in respect of an
offence under Part VI; and
[Issue 1]
K7-92
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