[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 192. Defence on appeal If a person appeals against a conviction, sentence or both, the Director of Public Prosecutions shall make arrangements for the defence of the appeal. 193. Person sentenced to death to have opportunity to appeal If a person is convicted by a court-martial and sentenced to death that person— (a) shall not be executed until after the expiration of the period within which a notice of appeal may be lodged to the High Court against the conviction or sentence or both; and (b) if such a notice is duly lodged, the sentence shall not be executed until either the notice is withdrawn or the appeal is determined or abandoned. 194. Removal of prisoner An appellant who is in custody, shall be taken to, kept in custody at, and brought back from, any place at which the appellant is entitled to be present for the purposes of this Part in the prescribed manner, and the High Court may order the appellant to be taken to any prescribed place for the purpose of any proceedings of the High Court. 195. Composition of court Upon the hearing of an appeal under this Part, the High Court shall consist of one or more Judges. 196. Furnishing of documents In the case of an appeal, under this Part, it shall be the duty of the Defence Court Administrator to furnish the Registrar, in accordance with rules of court, with a record of the proceedings of the court-martial. 197. Duties of Registrar (1) The Registrar shall take all necessary steps obtaining the determination of an appeal under this Part, and shall obtain and lay before the High Court in proper form all documents, exhibits and other things relating to the proceedings before the court-martial that appear necessary for the proper determination of appeal. (2) The Registrar shall furnish the necessary forms and instructions relating to an appeal under this Part to any person who asks for them, to persons in charge of prisons and to such other persons as the registrar thinks fit, and every person in charge of a prison shall cause the forms and instructions so furnished to be placed at the disposal of persons imprisoned who desire to lodge an appeal under this Part. 198. Saving of prerogative of mercy Nothing in this Part shall affect the exercise of the power of mercy under Article 133 of the Constitution. K7-91 [Issue 1]