ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
5. Suspension of sentence, injunction, stay of execution and stay of proceedings
Edition: 2022-12-31 · In force
5. Suspension of sentence, injunction, stay of execution and stay of proceedings
(1)No sentence of death shall be carried out until the period for giving notice of appeal has expired or, where notice of appeal has been given, until the appeal has been determined.(2)Subject to subrule (1), the institution of an appeal shall not operate to suspend any sentence or to stay execution, but the Court may—(a)in any criminal proceedings where a notice of appeal has been given in accordance with rule 61, order that the appellant be released on bail or that the execution of any warrant of distress be suspended pending the determination of the appeal; or(b)in any civil proceedings where a notice of appeal has been lodged in accordance with rule 77, order a stay of execution, an injunction or a stay of any further proceedings on such terms as the Court may think just.