Rex v Njeroge (Criminal Appeal No. 257 of 1946) [1947] EACA 21 (1 January 1947)

### COURT OF APPEAL FOR EASTERN AFRICA

# Before SIR JOSEPH SHERIDAN, C. J. (Kenya), SIR G. GRAHAM PAUL, C. J. (Tanganvika) and HORNE, J. (Kenya)

## REX, Appellant

### $\mathbf{1}$

# NJEROGE s/o MUROBA, Respondent Criminal Appeal No. 257 of 1946

### (Appeal from decision of H. M. High Court of Kenva)

Criminal Procedure—Order in Revision—Appeal—Section 360 Criminal Procedure Code. Kenva.

The accused was tried and convicted of a criminal offerice in a subordinate court and sentenced to a sentence of imprisonment requiring confirmation by the Supreme Court. In the exercise of its powers of revision the Supreme Court set aside the conviction and sentence.

The Crown appealed.

*Held* $(11-2-47)$ .—That no appeal lies from proceedings by way of revision.

Appeal dismissed.

Phillips, Crown Counsel (Kenya) (Lowe with him), for the Crown.

### Dar for the respondent.

JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).—The point which this Court has to decide is a perfectly simple one and in our opinion only one answer is possible to the question "Does an appeal lie to this Court from the decision" of the Supreme Court in the case in question?". The proceedings in which the<br>Supreme Court gave the decision now appealed from were unquestionably proceedings by way of revision and the Legislature in its wisdom has enacted that there shall be no appeal to the Court of Appeal for Eastern Africa by any party to such proceedings. The words of the section are quite free from any ambiguity The section, in so far as it is material, is as follows: $-$ .

"360. Any party to proceedings under this Part, other than proceedings by way of revision under sections 361 to 366, may appeal to the Court of Appeal for Eastern Africa on a matter of law (not including severity of sentence) but not on a matter of fact."

$\mathcal{L} = \mathcal{L}^{\mathcal{M}}$

The appeal is dismissed on the ground that no appeal lies.