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(1983) JELR 95239 (CA)

Court of Appeal  •  Criminal Appeal 69 of 1982  •  5 May 1983  •  Kenya

Alister Arthur Kneller, Alfred Henry Simpson, Kenneth D Potter



The appellant was convicted by Court Martial on December 8, 1981 on two counts of stealing public property, contrary to section 38(a) of the Armed Forces Act (cap 199), and on a third count of disobedience to standing orders contrary to section 30(1) of the Armed Forces Act. His appeal against conviction and sentence to the High Court was allowed in respect of the two counts of theft, but was dismissed in respect of the third count. The appellant now appeals to this court. The Attorney General, who appeared for the Republic with Mr Bwonwonga, being aware that this court was concerned whether it has jurisdiction to hear a second appeal from a court martial, raised the question as a preliminary point, and gave the court the benefit of his considered opinion.

The Attorney General submits that this court does have such jurisdiction by virtue of section 130 of the Armed Forces Act (cap 199) and of section 361 of the Criminal Procedure Code (cap 75). He further submits that as such s…

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