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⚖ Order 50 • 14 Days Order 43 Rule 1(3) Civil Procedure Rules, 2010

14 Days to Apply for Leave to Appeal Under Order 43 Rule 1(3) CPR

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.

Statutory Window

14 Days

Governed by Order 43 Rule 1(3) Civil Procedure Rules, 2010 and Section 57(a) of Cap 2 (trigger date excluded).

Order 50 Rule 2 (< 6 Days)

Calendar Days Counted

Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.

Order 50 Rule 4 Freeze

Dec 21 – Jan 13 Excluded

Omitted during the annual December 21 to January 13 CPR freeze.

Statutory Computation Rule (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.

Key Practice Questions

What happens if the last day of the 14-day period under Order 43 Rule 1(3) Civil Procedure Rules, 2010 falls on a Sunday or Kenyan public holiday?

Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.

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