5-Day Court Direction Timeline (Exclusion of Sundays & Public Holidays — Order 50 Rule 2)
Whenever a court order or rule prescribes a period of less than 6 days (1 to 5 days), Sundays, Christmas Day, Good Friday, and gazetted Kenyan public holidays are omitted from the count.
5 Days
Governed by Order 50 Rule 2 Civil Procedure Rules, 2010 and Section 57(a) of Cap 2 (trigger date excluded).
Sundays & Holidays Excluded
Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.
Runs Through Recess
Appellate & statutory limitation periods continue unless certified.
Statutory Computation Rule (5 Days)
Whenever a court order or rule prescribes a period of less than 6 days (1 to 5 days), Sundays, Christmas Day, Good Friday, and gazetted Kenyan public holidays are omitted from the count.
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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