The Appellate Jurisdiction (Amendment) Bill, 2023 (2)

SPECIALISSUE

Kenya Gazette Supplemen No.139 (National Assembly Bills No.49)

REPUBLICOFKENYA

KENYA GAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2023

NAIROBI,18thAugust,2023

CONTENT

| Bill for Introduction into the National Assembly | PAGE | |----------------------------------------------------|--------| | The Appellate Jurisdiction(Amendment)Bill.2023 | 1455 |

PRINTEDANDPUBLISHED BY THEGOVERNMENT PRINTER,NAIROBI

THEAPPELLATEJURISDICTION(AMENDMENT)

BILL,2023

ABill for

• AN ACT of Parliament to amend the Appellate Jurisdiction Act

ENACTED by theParliamentofKenya,asfollows-

• 1.This Act may be cited as the Appellate Jurisdiction Shontide (Amendment)Act,2023.
• 2.Section 7of the Appellate Jurisdiction Act is Amendmemaf

section 7ofNo.12

• amended by deleting the words"provided that in the caseof2012. ofa sentence of deathno extension of time shall be granted after the issue of the warrant for the execution of that sentence"appearing immediately after the words,"may have already expired"

MEMORANDUMOFOBJECTSANDREASONS

The principal object of thisBill is to amend the Appellate Jurisdiction

Act,to remove the prohibition of grant of extension of time for giving notice of intention of appeal in the case of a sentence of death.

Clauselof the Bill providesforthe short title.

Clause 2of the Bill provides for theamendment of section 7of the Act to delete the words,"Provided that in the case of a sentence of death no extension of time shall be granted after the issue of the warrant for the executionofthat sentence.

Statement on the delegation of legislative powers and limitation of

fundamentalrights and freedoms

The Bill does not delegate legislative powers.It does not limit fundamental rightsand freedoms.

Statement that the Bill concerns county governments

The Bill does not affect the functions of the county governments and isnot a Bill concerning counties for purposes of theStanding Orders.

Statement that the Bill is a money Bill within the meaning of Article 114of the Constitution

The enactment of this Bill shall not occasion additional expenditure

ofpublicfunds

Dated the 21st June,2023

Section 7ofthe Appellate Jurisdiction Actwhich it is proposed to

amend-

7.Power ofHigh Court to extend time

The High Court may extend the time forgiving notice of intention to appeal from a judgment of theHigh Court orfor making an applicationfor leave to appeal or for a certificate that the case is fit for appeal may have alreadyexpired:

Provided that in the case of a sentence of death no extension of time shall be granted after the issue of the warrant for the execution of that

sentence