Criminal Procedure Code

359. Number of judges on an appeal

Edition: 2023-12-11 · In force

359. Number of judges on an appeal

(1)Appeals from subordinate courts shall be heard by one judge of the High Court, except when in any particular case the Chief Justice, or a judge to whom the Chief Justice has given authority in writing, directs that the appeal be heard by one judge of the High Court.

(2)If on the hearing of an appeal the court is equally divided in opinion the appeal shall be reheard before three judges.[Act No. 16 of 1977, Sch., Act No 27 of 2015, Sch.]

Case law referring to this provision

Kilwake v Republic (Criminal Appeal 129 of 2014) [2019] KECA 5 (KLR) (28 March 2019) (Judgment)
Republic v Chengo & 2 others (Petition 5 of 2015) [2017] KESC 15 (KLR) (26 May 2017) (Judgment)

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Source: Kenya Law