Rex v Omone and Others (Criminal Appeals Nos. 149, 150 and 151 of 1947)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal for Eastern Africa held that appeals against sentences enhanced on revision by the Supreme Court of Kenya are barred by section 360 of the Kenya Criminal Procedure Code as amended by Ordinance No. 24 of 1945. The appeals were dismissed on the ground that no appeal lies from such revisionary orders.
Outcome
Appeals dismissed as barred by statute
Facts
The three appellants were convicted in the Court of the Resident Magistrate. On revision by the Supreme Court of Kenya, their sentences were enhanced. The appellants then appealed to the Court of Appeal for Eastern Africa against the revised sentences. The appellants were absent and unrepresented at the appeal hearing. The Crown was represented by Crown Counsel.
Issues
- Whether an appeal lies to the Court of Appeal for Eastern Africa against orders made in revision by the Supreme Court enhancing sentences passed by Subordinate Courts.
Orders
- Appeals consolidated.
- Appeals dismissed on the ground that no appeal lies.
Rules and key headnotes
Legislation cited (1)
- Kenya Criminal Procedure Code s.360
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.