[1947] EACA 32
The Court of Appeal held that it has no jurisdiction to entertain appeals against orders made in revision by the Supreme Court enhancing sentences, as such appeals are expressly barred by section 360 of the Kenya Criminal Procedure Code as amended by Ordinance No. 24 of 1945. The statutory provision precludes any...
Source-derived case information.
- Citation
- [1947] EACA 32
- Parties
- Respondent: REX; Appellant: Omone s/o Odiero; Appellant: Muga Arap Banga; Appellant: Kipsang Arap Terar
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeals Nos. 149, 150 and 151 of 1947
- Procedural Posture
- Criminal Appeal / Appeal From Revision
- Outcome
- appeal_dismissed
- Judges
- Edwards CJ, Graham Paul CJ, Nihill P
- Legal Topics
- Appeal Barred by Statute, Revision of Sentence, Jurisdiction of Appellate Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REX
Respondent
Omone s/o Odiero
Appellant
Muga Arap Banga
Appellant
Kipsang Arap Terar
Appellant
Procedural Posture
Criminal Appeal / Appeal From Revision
Legal Issues
- 1 Whether an appeal lies to the Court of Appeal against an order of the Supreme Court made in revision enhancing sentences.
- 2 Whether section 360 of the Kenya Criminal Procedure Code, as amended, bars such appeals.
Ratio Decidendi
The Court of Appeal held that it has no jurisdiction to entertain appeals against orders made in revision by the Supreme Court enhancing sentences, as such appeals are expressly barred by section 360 of the Kenya Criminal Procedure Code as amended by Ordinance No. 24 of 1945. The statutory provision precludes any appeal from such revision orders, and therefore the appeals must be dismissed for want of jurisdiction.
Court Disposition
appeal_dismissed
Orders
- The appeals are dismissed on the ground that no appeal lies.
Full Case Text
Judgment text and source record
11 paragraphs
## COURT OF APPEAL FOR EASTERN AFRICA
Before NIHILL, C. J. (Kenya), SIR G. GRAHAM PAUL, C. J. (Tanganyika) and EDWARDS, C. J. (Uganda) $\mathcal{L}$
REX, Respondent (Original Prosecutor)
(1) OMONE s/o ODIERO, (2) MUGA ARAP BANGA, (3) KIPSANG ARAP **TERAR, Appellants (Original Accused)**
> Criminal Appeals Nos. 149, 150 and 151 of 1947 (Appeals from decision of H. M. Supreme Court of Kenya)
Criminal procedure—Revision—Appeal.
The appellants were convicted in the Court of the Resident Magistrate and on revision by the Supreme Court their sentences were enhanced. They then appealed against the revised sentences to the Court of Appeal for Eastern Africa
Held (25-7-47).—Such appeals are barred by section 360 of the Kenya Criminal Procedure Code as amended by Kenya Ordinance No. 24 of 1945.
Appellants absent, unrepresented.
## Holland, Crown Counsel (Kenya), for the Crown.
JUDGMENT (delivered by NIHILL, C. J.).—We have consolidated Criminal Appeals 149, 150 and 151, all of which are appeals against orders made in Revision by the Supreme Court of Kenya enhancing sentences passed upon the appellants by Subordinate Courts. These appeals cannot be entertained by this Court as they are barred by the provisions of section 360 of the Kenya Criminal Procedure Code as amended by Ordinance 24 of 1945. The appeals are accordingly dismissed on the ground that no appeal lies.