30 Days From Judgment to Apply in Writing for Typed Proceedings & Copy to Respondent (Rule 84 Proviso)
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.
30 Days
Governed by Proviso to Rule 84(1) 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)
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.
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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