Jamal v Rex (Criminal Appeal No. 96 of 1949) [1949] EACA 39 (1 January 1949)

## COURT OF APPEAL FOR EASTERN AFRICA

## Before SIR BARCLAY NIHILL, C. J. (Kenya), SIR G. GRAHAM PAUL, C. J. (Tanganyika), and Sir John Gray, C. J. (Zanzibar)

KASSAMALI JAMAL, Appellant (Original Accused)

REX, Respondent (Original Prosecutor) Criminal Appeal No. 96 of 1949

(Appeal from decision of H. M. Supreme Court of Kenya-BARTLEY and MODERA, JJ.)

Enhancement of sentence by Court of Appeal—Whether appealable to Court of Appeal of Eastern Africa.

Part of the judgment is reported as to the point referred to in the headnote.

JUDGMENT (25-7-49) (delivered by SIR G. GRAHAM PAUL, C. J.).—As regards sentence, there was an appeal against sentence in the first Appeal decided to enhance the sentence. Under sec-Court and that Court tion 354 (1) (a) (ii) of the Criminal Procedure Code, the first Appeal Court had the power to enhance the sentence. There was nothing illegal in that and therefore in the appeal to this Court against the enhancement no matter of law is involved and therefore under section 360 of the Criminal Procedure Code the appeal against the enhancement does not lie and is consequently dismissed.