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⚖ Order 50 • 7 Days Order 49 Rule 7(2) Civil Procedure Rules, 2010

7 Days to Appeal Decision of Deputy Registrar to Judge in Chambers (Order 49 Rule 7)

An appeal from a decision of the Registrar or Deputy Registrar under Order 49 lies to a Judge in Chambers by Chamber Summons filed within 7 days.

Statutory Window

7 Days

Governed by Order 49 Rule 7(2) Civil Procedure Rules, 2010 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

Dec 21 – Jan 13 Excluded

Omitted during the annual December 21 to January 13 CPR freeze.

Statutory Computation Rule (7 Days)

An appeal from a decision of the Registrar or Deputy Registrar under Order 49 lies to a Judge in Chambers by Chamber Summons filed within 7 days.

Key Practice Questions

What happens if the last day of the 7-day period under Order 49 Rule 7(2) Civil Procedure Rules, 2010 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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