The Appellate Jurisdiction (Amendment) Bill, 2023
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Lifting Restrictions on Death Row Appeals
The Bill removes the strict prohibition in Section 7 of the Appellate Jurisdiction Act that prevents courts from granting an extension of time to file a notice of appeal once a death warrant has been issued.
Amending Section 7 of the Appellate Jurisdiction Act
The amendment deletes the specific proviso under Section 7:
- "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"
Expanded Discretion for the High Court
By removing the restrictive clause, the High Court retains absolute discretion to extend the time required for a defendant to give notice of intention to appeal or apply for leave to appeal, regardless of the status of an execution warrant.
Bill No.
No. 49 of 2023
Gazette No.
Supplement No. 139 of 2023
Sponsor
J. Opiyo Wandayi
Background
Under Section 7 of the Appellate Jurisdiction Act, the High Court holds the authority to extend the period for giving notice of intention to appeal or applying for leave to appeal, even if the specified time limit has expired. However, the existing law imposes a strict limitation in capital offenses: no extension of time can be granted to an individual sentenced to death once a warrant for their execution has been issued.
Key Amendments
Deletion of Appeal Restriction in Capital Cases
Clause 2 of the Bill proposes to amend Section 7 of the Appellate Jurisdiction Act by deleting the restrictive proviso:
- "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"
This amendment removes the absolute barrier to seeking extensions of time, allowing individuals facing the death penalty to apply for late notices of appeal even after the execution warrant has been issued.
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