PART I – GENERAL PROVISIONS

CHAPTER VI – PUNISHMENTS

38. Sentence on escaped convict
When sentence is passed under this Code on an escaped convict, that sentence—
(a) if of death, or fine, shall, subject to the provisions of this Code, take effect immediately;
(b) if of imprisonment, shall run consecutively or concurrently, as the court shall order, with the unexpired portion of the sentence which the convict was undergoing when he escaped.

PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XII – RESCUES AND ESCAPES AND OBSTRUCTING OFFICERS OF COURT

123. Escape
Any person who, being in lawful custody, escapes from that custody is guilty of a misdemeanour.

124. Aiding escape
Any person who—
(a) aids a prisoner in escaping or attempting to escape from lawful custody; or
(b) conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner,
is guilty of a felony and is liable to imprisonment for seven years.

PART VI – SERVICE OFFENCES

Offences relating to custody

103. Permitting escape, and unlawful release of prisoners
(1) A person subject to this Act and who—
(a) willfully allows a prisoner who is within the person's charge, or whom it is the person's duty to guard, to escape; or
(b) without proper authority releases a prisoner who is within the person's charge; or
(c) without reasonable excuse, allows a prisoner who is within the person's charge, or whom it is the person's duty to guard, to escape, commits an offence.
(2) A person who commits an offence under subsection (1) shall be liable, upon conviction by a court-martial, to imprisonment for a term not exceeding—
(a) seven years, or any lesser punishment provided for by this Act, in case of an offence committed under subsection (1)(a); or
(b) two years or any lesser punishment provided for by this Act, in any other case.

PART VI – SERVICE OFFENCES

Offences relating to Custody

105. Escape from custody
A person subject to this Act who escapes from arrest, prison or other lawful custody (whether service custody or not) commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act.

PART VII—PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of Sentences in Kenya

144. (1) Where—
(a) an ICC prisoner serving a sentence in another State escapes from custody and is located in Kenya; and
(b) the State designated by the ICC as the State of enforcement of the sentence makes a request to Kenya for extradition in accordance with article 111 of the Rome Statute,
the provisions of the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, as the case may require, shall, with any necessary modifications, apply to a request for extradition as if the request related to a person who had been convicted of an extradition offence or extradition crime within the meaning of the relevant Act.

(2) Where—
(a) an ICC prisoner serving a sentence in Kenya escapes from custody and is located in another State; and
(b) the Minister wishes to make a request to that State for the person's extradition in accordance with article 111, the Minister may make a request for the prisoner's extradition under the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, and the relevant Act shall, with any necessary modifications, apply as if the request related to a person who had been convicted of an extradition offence or extradition crime within the meaning of the relevant Act.