Kenyan Statutory Filing Deadlines & Order 50 Time Computation Directory

Under Order 40 Rule 4(3), any ex-parte injunction order must be served within 3 days, failing which it automatically lapses. Because 3 days is less than 6 days, Sundays and public holidays are excluded under Order 50 Rule 2.

Whenever a court order or rule prescribes a period of less than 6 days (1 to 5 days), Sundays, Christmas Day, Good Friday, and gazetted Kenyan public holidays are omitted from the count.

An intended appellant must serve copies of the lodged Notice of Appeal on all persons directly affected by the appeal within 7 days after lodging it.

The appellant must serve copies of the Memorandum and Record of Appeal on each respondent within 7 days after lodging them in the Court of Appeal registry.

Any person dissatisfied with the decision of a single Judge of Appeal may apply informally in court or in writing within 7 days to have the decision varied, discharged, or reversed by a full bench.

An objection/reference from the decision of the Registrar acting as Taxing Officer in the Court of Appeal must be lodged within 7 days.

An appeal from a decision of the Registrar or Deputy Registrar under Order 49 lies to a Judge in Chambers by Chamber Summons filed within 7 days.

A petition challenging the election of the President-elect must be filed in the Supreme Court within 7 days after the date of declaration of the results of the presidential election.

Following notice of objection to attachment, the objector proceedings and attaching creditor indications follow strict 7-to-15-day statutory steps.

A Notice of Appeal to the Court of Appeal must be lodged in duplicate within 14 days of the date of the decision appealed against.

A person intending to appeal to the Supreme Court must file a Notice of Appeal within 14 days from the date of judgment or ruling of the Court of Appeal.

A defendant served with Summons to Enter Appearance typically has 14/15 days as specified in the summons to file a Memorandum of Appearance, subject to the Dec 21–Jan 13 freeze.

Where a defendant has entered appearance, they must file their Statement of Defence (and Order 7 Rule 5 bundle) within 14 days from the last day allowed for appearance, and serve it within 14 days thereafter.

A plaintiff is allowed 14 days from service of the Statement of Defence/Counterclaim to file and serve a Reply to Defence or Defence to Counterclaim.

Pleadings close 14 days after service of the Reply to Defence, or if no Reply is served, 14 days after service of the Statement of Defence.

An ex-parte injunction may be granted only once for not more than 14 days and shall not be extended thereafter except once by consent of the parties or by order of the court for a period not exceeding 14 days.

Where leave to appeal from an order is required under Order 43, the application for leave must be made in the first instance to the court making the order within 14 days.

Should any party object to the decision of the Taxing Officer, they may within 14 days after the decision give notice in writing to the Taxing Officer of the items of taxation to which they object.

Upon receiving the recorded reasons of the Taxing Officer, the objecting party has 14 days to apply to a Judge by Chamber Summons setting out the grounds of objection.

A candidate or tenderer who claims to have suffered loss or damage may seek administrative review within 14 days of notification of award or occurrence of breach.

A person aggrieved by a decision of the Review Board may seek judicial review by the High Court within 14 days from the date of the Review Board decision.

The appellant shall, within 14 days from the date of filing the Notice of Appeal, submit enough copies of the Memorandum of Appeal, Statement of Facts, and tax assessment decision.

If a respondent is of the opinion that the Record of Appeal is defective or insufficient, they may within 15 days after service of the Record lodge a Supplementary Record of Appeal.

A debtor served with a statutory demand must apply to the High Court within the prescribed window to set aside the demand before a liquidation or bankruptcy petition is presented.

When leave has been granted to apply for an order of mandamus, prohibition, or certiorari, the substantive Notice of Motion must be filed within 21 days, failing which leave lapses.

A respondent served with a Statement of Claim in the Employment and Labour Relations Court must enter appearance and file and serve a Response to Claim within 21 days.

A company is unable to pay its debts if a creditor serves a written demand requiring payment and 21 days elapse without the company paying or compounding for the debt.

Every appeal from a subordinate court to the High Court shall be filed within a period of 30 days from the date of the decree or order appealed against, excluding the time certified as requisite for preparing a copy of the decree or order.

CRITICAL APPELLATE RULE: To rely on a Certificate of Delay to exclude time beyond 60 days, the appellant MUST have applied in writing for a copy of the proceedings within 30 days of the decision AND served a copy of that letter on the respondent.

An appeal to the Supreme Court shall be instituted by filing a Petition of Appeal and Record of Appeal within 30 days of the date of filing the Notice of Appeal.

An application to strike out a Notice of Appeal or Record of Appeal shall not be brought after the expiry of 30 days from the date of service of the Notice of Appeal or Record of Appeal.

A respondent who desires to contend that the decision of the superior court should be varied or reversed must lodge a Notice of Cross-Appeal within 30 days of service of the Memorandum and Record of Appeal.

Standard statutory notice period prior to instituting civil proceedings against Government ministries or state departments.

A Notice of Appeal to the Tax Appeals Tribunal shall be submitted in writing within 30 days upon receipt of the decision of the Commissioner.

Before exercising the power to sell the charged land, the chargee shall serve on the chargor a notice to sell in the prescribed form and shall not proceed to complete any contract for sale until at least 40 days have elapsed.

Upon receipt of instructions to sell immovable property, the licensed auctioneer must give the owner 45 days written Redemption Notice before advertising the property for sale.

An appeal to the Court of Appeal shall be instituted by lodging in the appropriate registry, within 60 days of the date when the Notice of Appeal was lodged, the Memorandum of Appeal and the Record of Appeal.

A party to proceedings before the Tax Appeals Tribunal may, within 30 days after being notified of the decision, appeal to the High Court on a question of law.

If a chargor defaults in any obligation under a charge for one month, the chargee may serve a statutory notice requiring rectification within not less than 90 days (3 months).

An application for setting aside an arbitral award may not be made after 3 months have elapsed from the date on which the party making that application had received the arbitral award.

Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding unless the application for leave is made not later than 6 months after the date of the proceeding.

After the expiration of a period of 6 months, or such shorter period as the court may direct, from the date of any grant of representation, the holder shall apply to the court for confirmation of the grant.

An action for libel or slander may not be brought after the end of 12 months from the date on which the cause of action accrued.

Where within one year no application is made to cause the legal representative of a deceased plaintiff or defendant to be made a party, the suit shall abate as against the deceased party.

No proceedings founded on tort shall be brought against the Government or a local/county authority after the end of 12 months from the date on which the cause of action accrued.