The Court of Appeal

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This is the 2nd most senior court in Kenya. It is established under Article 164 of the Constitution, governed by the Appellate Jurisdiction Act Cap 9 Laws of Kenya, substituted by the Court of Appeal Rules of 2010 and the Court of Appeal (Organization and administration) Act to give effect to Article 164 (1) (a) and (b) of the
Constitution .

The court consists of the President of the court and not less than 12 judges appointed in accordance with Articles 164(1)(a), 166(1)(b) and 166(4) of the Constitution.

The jurisdiction of the court is limited to hear and determine appeals from the High Court in cases which by law, appeals lay on the Court of Appeal. The Court of Appeal also has jurisdiction to hear cases from any other court or tribunal as prescribed by an Act of Parliament

The appeals from the High Court can either be original or appellate.

Onyango vs R 1983

The court of appeal refused to hear a 2nd appeal from the Court Martial on the grounds that the final appeal lied with the High Court.

Kabilu vs R 1988

The appellant had been tried for mutiny and convicted for 8 years imprisonment in the Court Martial and was dismissed as a result. He appealed to the High Court where his appeal was dismissed then to the court of appeal where the appeal was dismissed on matters of jurisdiction.

The court of appeal is however seized with original jurisdiction to hear applications of injunction, stay of execution, granting of bail and suspension of sentence.