§ Mr. Brockway
asked the Secretary of State for the Colonies the composition of the Courts of Emergency Assize established by the new regulations in Kenya; what rights of appeal sentenced persons have from these courts; and why these new courts have been set up.
§ Mr. Lennox-Boyd
The Emergency (Emergency Assizes) Regulations were made as long ago as 1953 to provide for the speedier trial of certain offences committed in areas declared by the Governor to be emergency zones. A court of emergency assize consists of a judge, assigned by the Chief Justice, holding a sitting of the Supreme Court for the trial of scheduled offences. At present the scheduled offences are those punishable with death, and those against Emergency Regulations which are punishable with ten or more years' imprisonment.
A convicted person may appeal to the Eastern African Court of Appeal on a 30W question of law; with the certificate of the trial judge, on a question of fact or of mixed law and fact; and with the leave of the Appeal Court, against the sentence passed upon him unless it is one fixed by law.