ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
75. Review
Edition: 2022-12-31 · In force
75. Review
(1)Where, under the provisions of section 379 (5) of the Criminal Procedure Code, the Director of Public Prosecutions has filed a certificate that the determination of a trial involved a point of law of exceptional public importance and that it is in the public interest that the point should be determined by the Court, the Director of Public Prosecutions shall, within thirty days after the determination, lodge with the Registrar six copies of a record containing the information, the judgment of the superior court and such parts of the proceedings before the superior court as are necessary to enable the Court to review the case, and inform the Court whether or not he or she desires to be heard thereon.(2)The Registrar shall cause one copy of the certificate and one copy of the record to be served on the person who was acquitted and require him or her to inform the Court, within fourteen days, whether or not he or she desires to be heard in the matter.(3)Where the Director of Public Prosecutions and the person who was acquitted desire to be heard, the provisions of these Rules relating to the hearing of criminal appeals shall apply so far as they are appropriate, with such modification as may be necessary.(4)An application for review shall not abate on the death of the person who was acquitted.