Bharaj and Another v Rex (Criminal Appeals Nos. 124 and 125 of 1945) [1945] EACA 32 (1 January 1945)

COURT OF APPEAL FOR EASTERN AFRICA

Before SIR JOSEPH SHERIDAN, C. J. (Kenya), SIR G. GRAHAM PAUL, C. J. (Tanganyika) and SIR NORMAN WHITLEY, C. J. (Uganda)

KARTAR SINGH BHARAJ and NAZIR AHMED, Appellants (Original Appellants and Accused)

REX, Respondent (Original Respondent and Prosecutor)

Criminal Appeals Nos. 124 and 125 of 1945

(Appeals from decision of H. M. Supreme Court of Kenya)

Criminal Procedure—Appeal to Privy Council—Power of Court of Appeal to grant leave to appeal—Criminal matter.

The Court of Appeal for Eastern Africa having dismissed the appeals of the appellants from a judgment of the Supreme Court of Kenya affirming a judgment of the Resident Magistrate, Nairobi, the appellants applied to the Court of Appeal for leave to appeal to the Privy Council.

Held (2-11-45).—That it is not competent for the Court of Appeal to grant leave to appeal to the Privy Council in a criminal matter.

Chung Chuck v. The King (1930) A. C. 244 followed.

Kingsley, Crown Counsel (Tanganyika), for the Crown.

ORDER (delivered by Sir JOSEPH SHERIDAN, C. J.).—These are applications for leave to appeal to the Privy Council in a criminal case.

On the construction of an Order in Council identical in its terms with the Order in Council in these territories, the Privy Council has held that it is not competent for the Court of Appeal to grant leave to appeal in a criminal matter (Chung Chuck v. The King (1930) A. C. 244). It is a matter for the applicant to apply to the Privy Council direct if so advised. The applications are dismissed.