Rex v Omone and Others (Criminal Appeals Nos. 149, 150 and 151 of 1947) [1947] EACA 32 (1 January 1947)

COURT OF APPEAL FOR EASTERN AFRICA

Before NIHILL, C. J. (Kenya), SIR G. GRAHAM PAUL, C. J. (Tanganyika) and EDWARDS, C. J. (Uganda) $\mathcal{L}$

REX, Respondent (Original Prosecutor)

(1) OMONE s/o ODIERO, (2) MUGA ARAP BANGA, (3) KIPSANG ARAP TERAR, Appellants (Original Accused)

> Criminal Appeals Nos. 149, 150 and 151 of 1947 (Appeals from decision of H. M. Supreme Court of Kenya)

Criminal procedure—Revision—Appeal.

The appellants were convicted in the Court of the Resident Magistrate and on revision by the Supreme Court their sentences were enhanced. They then appealed against the revised sentences to the Court of Appeal for Eastern Africa

Held (25-7-47).—Such appeals are barred by section 360 of the Kenya Criminal Procedure Code as amended by Kenya Ordinance No. 24 of 1945.

Appellants absent, unrepresented.

Holland, Crown Counsel (Kenya), for the Crown.

JUDGMENT (delivered by NIHILL, C. J.).—We have consolidated Criminal Appeals 149, 150 and 151, all of which are appeals against orders made in Revision by the Supreme Court of Kenya enhancing sentences passed upon the appellants by Subordinate Courts. These appeals cannot be entertained by this Court as they are barred by the provisions of section 360 of the Kenya Criminal Procedure Code as amended by Ordinance 24 of 1945. The appeals are accordingly dismissed on the ground that no appeal lies.