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⚖ Order 50 • 7 Days Rule 90(1) of the Court of Appeal Rules, 2022

7 Days to Serve Memorandum & Record of Appeal After Lodging (Rule 90 CoA Rules)

The appellant must serve copies of the Memorandum and Record of Appeal on each respondent within 7 days after lodging them in the Court of Appeal registry.

Statutory Window

7 Days

Governed by Rule 90(1) 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 (7 Days)

The appellant must serve copies of the Memorandum and Record of Appeal on each respondent within 7 days after lodging them in the Court of Appeal registry.

Key Practice Questions

What happens if the last day of the 7-day period under Rule 90(1) 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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