30 Days From Service to Apply to Strike Out Notice or Record of Appeal (Rule 86 CoA Rules)
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.
30 Days
Governed by Proviso to Rule 86 of the Court of Appeal Rules, 2022 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 (30 Days)
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.
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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