The Criminal Procedure Code - Kenya Law Reports

www.kenyalaw.org
Rev. 2009]
Criminal Procedure Code CAP. 75 101
(2) Where an appeal is brought on the ground that the conviction
is against the weight of the evidence, or that the sentence is excessive,
and it appears to a judge that the evidence is sufficient to support the
conviction and that there is no material in the circumstances of the case
which could raise a reasonable doubt whether the conviction was right
or lead him to the opinion that the sentence ought to be reduced, the
appeal may, without being set down for hearing, be summarily rejected
by an order of the judge certifying that he has perused the record and is
satisfied that the appeal has been lodged without any sufficient ground
for complaint.
(3) Whenever an appeal is summarily rejected notice of rejection
shall forthwith be given to the Attorney-General and to the appellant
or his advocate.
352A. Where an appeal against conviction has been lodged and
a judge of the High Court is satisfied that the conviction cannot be
supported, and the Attorney-General has informed the court in writing
that he does not support the conviction, the judge may summarily allow
the appeal.
353. If the High Court does not dismiss the appeal summarily, it
shall cause notice to be given to the appellant or his advocate, and to the
respondent or his advocate, of the time and place at which the appeal
will be heard, and shall furnish the respondent or his advocate with a
copy of the proceedings and of the grounds of appeal.
354. (1) At the hearing of the appeal the appellant or his advocate
may address the court in support of the particulars set out in the petition
of appeal and the respondent or his advocate may then address the
court.
(2) The court may invite the appellant or his advocate to reply
upon any matters of law or fact raised by the respondent or his advocate
in his address.
(3) The court may then, if it considers that there is no sufficient
ground for interfering, dismiss the appeal or may -
(a) in an appeal from a conviction -
(i) reverse the finding and sentence, and acquit or discharge the
accused, or order him to be tried by a court of competent jurisdiction;
or
(ii) alter the finding, maintaining the sentence, or, with or without
Summary allowance
of appeal.
17 of 1967, s. 34.
Notice of time and
place of hearing.
13 of 1967, 1st Sch.
Powers of High
Court.
22 of 1959, s. 35,
13 of 1967, 1 st Sch.,
10 of 1969, 1 st Sch., 5
of 2003, s.95