ADVOKS GLOBAL · KENYA
Kenya Defence Forces Act
188. Determination of appeal in ordinary cases
Edition: 2022-12-31 · In force
188. Determination of appeal in ordinary cases
(1)Subject to section 189, the High Court shall—(a)allow an appeal against conviction and quash the conviction if it considers that the conviction—(ii)cannot be supported, having regard to the evidence;(iii)involves a wrong decision on a question of law; or(iv)there was a miscarriage of justice, unless the court finds that no substantial miscarriage of justice has actually occurred; or(2)The court shall allow an appeal against acquittal and convict the accused if it considers that—(a)the evidence was such that the person acquitted should have been convicted; or(b)the acquittal involves a wrong decision on a question of law,and shall pass such sentence as it thinks proper, and otherwise it shall dismiss the appeal, and section 173 shall apply as it applies to a trial by a court-martial.(3)On an appeal against sentence, the court may reduce or increase the sentence or alter the nature of the sentence, as it thinks proper.