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Republic v. Jeffrey Okuri Pepela & 24 others

(2018) JELR 95052 (CA)

Court of Appeal  •  Criminal Application 3 of 2016  •  11 Oct 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



[1] At the heart of the application before us is the question whether the applicant has an automatic right of appeal to this Court against the High Court’s judgment dated 21st August, 2015 wherein the High Court set aside the respondents’ convictions and sentences passed by the court martial. Concomitant to that question is whether we ought to grant leave to the applicant to appeal to this Court in the event we find such leave is not automatic.

[2] In our view, the starting point would be Article 164(3) of the Constitution which stipulates:

“The Court of Appeal has jurisdiction to hear appeals from—

a) the High Court; and

b) any other court or tribunal as prescribed by an Act of Parliament.”

The jurisdiction of this Court on the issue of right of appeal has been the subject of judicial discourse in several matters that have been determined before this Court with different judges expressing different views. Some judges have held that Article 164(3) (supra) has opened the …

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