PART XI – PROVISIONS CONCERNING TRIAL AND PUNISHMENT
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
(b) 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 .
Determination of sentence - national proceedings
EDIT.