CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] 184. Approval of Death sentence by President A sentence of death passed on a person on active service shall not be carried out on that person unless the sentence is approved by the President. 185. Custody of court-martial records and right of accused to copy (1) The record of the proceedings of a court-martial shall be kept in the custody of the Defence Court-martial Administrator and the respective Service Court-martial Administrator for the prescribed period. (2) Subject to this section, a person tried by a court-martial shall be entitled to obtain from the Defence Court-martial Administrator on demand at any time within the prescribed period a copy of the record of the proceedings of the court, on payment of the prescribed fee. (3) If a person tried by a court-martial dies within the prescribed period, the personal representative of that person shall be entitled to obtain from the Defence Court-martial Administrator on demand at any time within the prescribed period a copy of the record of the proceedings of the court, on payment of the prescribed fee. (4) If a person applies for a copy of the record of any proceedings under subsection (2) or subsection (3), and the Service Commander certifies that it is requisite for reasons of security that the proceedings or a part thereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or of that part and this decision may, upon application, be reviewed by the Defence Council. (5) In this section, “the prescribed period”, in relation to any person tried by court-martial, means the period of six years beginning with the date of the acquittal or conviction. PART X – APPEALS FROM COURTS MARTIAL 186. Appeal to High Court (1) If a person has been convicted by a court-martial— (a) the person convicted may appeal to the High Court and make subsequent appeals to any other superior court, against the conviction, the sentence, or both; or (b) the Director of Public Prosecutions may appeal to the High Court against the sentence. (2) If a person has been acquitted of a charge by a court-martial, the Director of Public Prosecutions may appeal to the High Court against the acquittal. 187. Notice of Appeal (1) An appeal to the High Court shall not lie unless a notice of Appeal is lodged with the Registrar within twenty-one days after the acquittal, conviction or sentence, as the case may be. (2) The notice of appeal shall be in the prescribed form. [Issue 1] K7-88