6-Month (180 Days) Statutory Limit for Order of Certiorari in Judicial Review (Order 53 Rule 2)
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.
180 Days
Governed by Order 53 Rule 2 Civil Procedure Rules & Section 9 Law Reform Act and Section 57(a) of Cap 2 (trigger date excluded).
Calendar Days Counted
Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.
Runs Through Recess
Appellate & statutory limitation periods continue unless certified.
Statutory Computation Rule (180 Days)
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.
Key Practice Questions
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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