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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