[Rev. 2012]
(b)
Kenya Defence Forces
Kenya Defence Forces
CAP. 199
after being temporarily released under some law, is at large at any
time during the period for which the person is liable to be imprisoned
in a civil prison under the sentence,
shall be deemed to be unlawfully at large if the period for which the person was
temporarily released has expired or if an order recalling the person has been made
under that law.
(4) Without prejudice to subsection (1), if any person who is serving a sentence
of imprisonment for an offence under Part VI has been temporarily released on
compassionate grounds in the prescribed circumstances, 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 after that on which the person
is released and ending with the day on which the person is required to return to
custody.
(5) A person who is—
(a) released under subsection (4) for any period; or
(b) otherwise allowed out of service custody, under regulations made
under this Act, for any period or subject to any condition,
shall, on failure to return at the expiration of the period or to comply with the
condition, be treated for the purposes of subsection (1), as being unlawfully at large.
202. Service of sentence of imprisonment
If a sentence of imprisonment is passed on or awarded to a person for an
offence under Part VI, that person's commanding officer shall cause the person to
be sent to a prison and the superintendent or other person in charge of the prison
shall receive and imprison the person until the sentence has been served, or the
person is otherwise lawfully required to be delivered from the prison.
203. Committal to civil prison
A person who is sentenced to death or imprisonment, and who is committed
or transferred to a civil prison, shall be imprisoned and otherwise dealt with in the
same manner as a person imprisoned in the same prison under a similar sentence
of civil court.
204. Sentence of imprisonment passed outside Kenya
If a person is sentenced by a court-martial held outside Kenya to imprisonment
for a term exceeding forty-two days, the person shall be returned to Kenya as soon
as practicable after the sentence has been passed.
205. Indemnity for person acting under warrant
An action shall not lie in respect of anything done by any person under a
sentence of imprisonment for an offence under Part VI, if the doing thereof would
have been lawful but for a defect in any warrant or other instrument made for the
purposes of that sentence.
206. Proof of certain facts by documentary evidence
(1) This section applies to evidence in proceedings under this Act, whether
before a court-martial, a commanding officer, the appropriate superior authority, a
court or otherwise.
K7-93
[Issue 1]
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