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⚖ Order 50 • 30 Days Rule 95(2) of the Court of Appeal Rules, 2022

30 Days After Service of Record to Lodge Notice of Cross-Appeal (Rule 95 CoA Rules)

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.

Statutory Window

30 Days

Governed by Rule 95(2) of the Court of Appeal Rules, 2022 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

Runs Through Recess

Appellate & statutory limitation periods continue unless certified.

Statutory Computation Rule (30 Days)

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.

Key Practice Questions

What happens if the last day of the 30-day period under Rule 95(2) of the Court of Appeal Rules, 2022 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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