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(1985) JELR 94249 (CA)

Court of Appeal  •  Criminal Application Nai 4 of 1984  •  19 Nov 1985  •  Kenya

James Onyiego Nyarangi, Harold Grant Platt, Alister Arthur Kneller



Oliver Munyaka Kabulu by a motion on notice filed on June 12, 1984 expressed to be brought under rules 4 and 40(b) of the Court of Appeal Rules asked us to extend the time limited by rule 40 for instituting his appeal from the judgment of the High Court (Mr Justice Gicheru) at Kakamega on March 23, 1984.

Mr Justice Gicheru dismissed his appeal from his conviction and sentence by court martial in Nairobi on November 22, 1982. He was convicted of taking part in a mutiny contrary to section 25(2) of the Armed Forces Act (Cap 199) (the Act), and sentenced to 8 years imprisonment together with dismissal from the armed forces services. His conviction and sentence were confirmed.

From 1968, a determination by the High Court of an appeal from a court martial was final, and no appeal lay from it to any other court. Section 121 of the Act (ibid). This was repealed by section 9 and the Schedule of the Armed Forces (Amendment ) Act 1978 (No 12 of 1978) which commenced on September 29, 1978.…

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