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⚖ Order 50 • 30 Days Rule 38(1) of the Supreme Court Rules, 2020

30 Days From Notice of Appeal to File Supreme Court Petition & Record of Appeal (Rule 38)

An appeal to the Supreme Court shall be instituted by filing a Petition of Appeal and Record of Appeal within 30 days of the date of filing the Notice of Appeal.

Statutory Window

30 Days

Governed by Rule 38(1) of the Supreme Court Rules, 2020 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)

An appeal to the Supreme Court shall be instituted by filing a Petition of Appeal and Record of Appeal within 30 days of the date of filing the Notice of Appeal.

Key Practice Questions

What happens if the last day of the 30-day period under Rule 38(1) of the Supreme Court Rules, 2020 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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