[Rev. 2012] Kenya Defence Forces Kenya Defence Forces CAP. 199 (3) Except in the case of a conviction involving sentence of death, the High Court may extend the period within which a notice or Appeal shall be lodged, whether that period has expired or not. (4) An appellant may present the appeal case in writing. 188. Determination of appeal in ordinary cases (1) Subject to section 189, the High Court shall— (a) allow an appeal against conviction and quash the conviction if it considers that the conviction— (i) is unreasonable; (ii) cannot be supported, having regard to the evidence; (iii) involves a wrong decision on a question of law; or (iv) there was a miscarriage of justice, (b) unless the court finds that no substantial miscarriage of justice has actually occurred; or dismiss the appeal. (2) The court shall allow an appeal against acquittal and convict the accused if it considers that— (a) the evidence was such that the person acquitted should have been convicted; or (b) the acquittal involves a wrong decision on a question of law, and shall pass such sentence as it thinks proper, and otherwise it shall dismiss the appeal, and section 173 shall apply as it applies to a trial by a court-martial. (3) On an appeal against sentence, the court may reduce or increase the sentence or alter the nature of the sentence, as it thinks proper. 189. Powers of court in special cases (1) If the High Court determines that an appellant— (a) was not properly convicted on a particular charge brought before the court-martial; and (b) was properly convicted on some other charge so brought, then, if the sentence passed by the court-martial on the appellant was not one which could lawfully be passed for the offence of which the appellant was convicted on that other charge, the High Court shall pass on the appellant such sentence as it thinks proper, in substitution for the sentence passed by the court-martial. (2) If an appellant has been convicted of an offence, and— (a) the court-martial could lawfully have convicted the appellant of some other offence; and (b) it appears to the High Court that the court-martial shall have been satisfied of facts which proved the appellant guilty of that other offence, the High Court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the other offence and pass on K7-89 [Issue 1]