CAP. 75
(ii)
(iii)
(a)
(b)
(iv)
(v)
Criminal Procedure Code
[Rev. 2012]
the provisions of paragraph (i) shall not apply where the petition of
appeal is signed by an advocate who represented the appellant in the
proceedings before the subordinate court appealed from;
where a copy of the record of the proceedings before the subordinate
court appealed from is applied for by the appellant or his advocate,
the date of the receipt thereof by the appellant or his advocate shall
be certified to the High Court by the subordinate court, and shall for
the purposes of this subsection be deemed to be—
if the copy of the record is delivered otherwise than by post, the date
of delivery; and
if the copy of the record is delivered by post, the date on which it
is shown, on an advice of the delivery of a registered postal article
issued under regulation 37(3) of the East African Postal Regulations,
or any provision of law amending or replacing that regulation, to have
been delivered,
and no such copy of a record shall be delivered by post otherwise
than by registered post;
save as provided in paragraph (i), a petition of appeal may only be
amended with the leave of the High Court and on such terms and
conditions, whether as to costs or otherwise, as the High Court may
see fit to impose;
notice in writing of an application for leave to amend a petition of
appeal shall be given to the Registrar of the High Court and to the
Attorney-General not less than three clear days, or such shorter
period as the High Court may in any particular case allow, before the
application is made; and an application for leave to amend a petition
of appeal shall be made either at the hearing of the appeal or, if made
previously, by way of motion in open court.
[Act No. 57 of 1955, s. 10, L.N. 124/1964, L.N. 280/1967, Act No. 12 of 2012, Sch.]
351. Appellant in prison
If the appellant is in prison, he may present his petition of appeal and the copies
accompanying it to the officer in charge of the prison, who shall thereupon forward
the petition and copies to the Registrar of the High Court.
352. Summary rejection of appeal
(1) When the High Court has received the petition and copy under section 350,
a judge shall peruse them, and, if he considers that there is no sufficient ground for
interfering, may, notwithstanding the provisions of section 359, reject the appeal
summarily:
[Issue 1]
C44 - 96
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