Act No: CAP. 9
Act Title: APPELLATE JURISDICTION
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE COURT OF APPEAL FOR EAST AFRICA RULES, 1972

[ Revoked by L.N. 152/2010, r. 116. ]

THE COURT OF APPEAL RULES, 2010

ARRANGEMENT OF SECTIONS

PART I – GENERAL

1.

Short title, commencement and application

2.

Interpretation In these Rules, unless the context otherwise requires—

3.

Computation of time

4.

Extension of time

5.

Suspension of sentence, injunction and stay of execution and stay of further proceedings

6.

Registry and sub-registries

7.

Hours for lodging documents

8.

Maintenance of registers

9.

Numbering of applications and appeals

10.

Endorsement of documents lodged

11.

Registrar’s discretion to allow documents to be lodged otherwise than at appointed place

12.

Acceptance of documents lodged out of time

13.

Requirements as to size and production of documents, binding of records and numbering of pages and lines

14.

Power for Registrar and registrars of superior courts to reject documents

15.

Signature of documents

16.

Form of amendments

17.

Service and transmission of documents

18.

Change of address for service

19.

Sittings of the Court

20.

Vacations

21.

Places where appeals are to be heard

22.

Appearances

23.

Change of advocate

24.

Assignment of advocates

25.

Right of audience of advocates

26.

List of authorities and copies of judgments to be referred to

27.

Order of addresses Unless the Court otherwise directs—

28.

Appeals to be heard in court

29.

Power to re-appraise evidence and to take additional evidence

30.

Power to call for report

31.

General powers of the Court

32.

Judgment

33.

Decisions to be embodied in orders

34.

Preparation of orders

35.

Correction of errors

36.

Notification of decisions

37.

Signature and sealing of documents

PART II – APPLICATIONS

38.

Application for certificate of fitness or leave to appeal in criminal matters

39.

Application for leave to appeal in civil matters

40.

Application for certificate that point of law of general public importance involved

41.

Application to superior Court

42.

Form of applications to Court

43.

Supporting documents

44.

Applications for leave to amend

45.

Applications to be lodged in appropriate registry

46.

Procedure regarding applications lodged in sub-registries

47.

Urgent applications

48.

Number of copies of applications required

49.

Service of notice of motion

50.

Affidavits in reply

51.

Abatement of applications

52.

Application for leave to withdraw

53.

Hearing of applications

54.

Hearing in open court or chambers

55.

Reference from decision of a single judge

56.

Procedure on non-appearance

57.

Rescinding of orders

PART III – CRIMINAL APPEALS AND REVIEW

58.

Application of Part III

59.

Notice of appeal

60.

Consolidation of appeals

61.

Transmission of notices of appeal

62.

Preparation of record of appeal

63.

Service and transmission of record of appeal and exhibits

64.

Memorandum of appeal

65.

Supplementary memorandum

66.

Presentation of arguments in writing

67.

Procedure where appellant in prison

68.

Withdrawal of appeals

69.

Abatement of appeals

70.

Notice of hearing

71.

Appearance at hearing and dismissal for non-appearance

72.

Arguments at hearing At the hearing of an appeal—

73.

Review

PART IV – CIVIL APPEALS

74.

Application of Part

75.

Notice of appeal

76.

Transmission of notice of appeal

77.

Service of notice of appeal on persons affected

78.

Death of respondent before service of notice

79.

Respondent to give address for service

80.

Separate notices of appeal from same decision

81.

Withdrawal of notice of appeal and notice of cross-appeal

82.

Institution of appeals

83.

Effect of default in instituting appeal

84.

Application to strike out notice of appeal or appeal

85.

Death of party to intended appeal

86.

Contents of memorandum of appeal

87.

Contents of record of appeal

88.

Where documents are omitted from the record of appeal

89.

Contents of decrees and orders for purposes of appeal

90.

Service of memorandum and record of appeal

91.

Notification and transmission of papers to Registrar

92.

Preparation and service of supplementary record

93.

Notice of cross-appeal

94.

Notice of grounds for affirming decision

95.

Service of notice of cross-appeal or notice of grounds for affirming decision

96.

Withdrawal of appeal

97.

Rights of respondent when appeal withdrawn

98.

Withdrawal of notice of cross appeal or notice of grounds for affirming decision

99.

Death of party to appeal

100.

Written submissions

101.

Notice of hearing

102.

Appearances at hearing and procedure on non-appearance

103.

Consolidation of appeals

104.

Arguments at hearing

PART V – FEES AND COSTS

105.

Fees payable

106.

Time of payment of fees

107.

Security for costs in civil appeals

108.

Assessment or taxation of costs

109.

Costs improperly incurred

110.

Improper agreements for remuneration

111.

Taxation

112.

Reference on taxation

113.

Waiver of fees in criminal appeals

114.

Refund of fees paid in criminal appeals

115.

Relief from fees and security in civil appeals

PART VI – REVOCATION AND TRANSITIONAL PROVISIONS

116.

Revocation

117.

Transitional provisions

SCHEDULES

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE (Rule 111.) —

TAXATION OF COSTS

THE COURT OF APPEAL (ELECTION PETITION) RULES, 2017

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

3.

Object

4.

Application

5.

Non-compliance with Rules

PART II – INITIATION, FILING AND SERVICE OF APPEALS

6.

Filing of notice of appeal

7.

Service of notice of appeal

8.

Contents of record of appeal

9.

Filing and service of record of appeal

10.

Notice of cross-appeal or notice of grounds for affirming decision

11.

Service of notice of cross-appeal or notice of grounds for affirming decision

12.

Style of cause in appeal

PART III – ADMINISTRATION

13.

Sittings of the Court

14.

Hours of lodging documents

15.

Acceptance of documents lodged out of time

16.

Maintenance of election appeals register

17.

Extension or reduction of time

18.

Stay of execution

PART IV – HEARING OF APPEALS

19.

Application to strike out notice of appeal or appeal

20.

Pre-hearing conference

21.

Entering an appeal for hearing

22.

Hearing to be on day-to-day basis

23.

Duration for hearing and determination of election petition appeals

24.

Recess and leave

25.

Prohibition of delayed interlocutory applications

PART V – GENERAL PROVISIONS

26.

Orders of the Court

27.

Security for costs

28.

Review of Rules

SCHEDULES

SCHEDULE

THE COURT OF APPEAL RULES, 2022

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1.

Citation and coming into operation of the Rules

2.

Interpretation

3.

Computation of time

4.

Extension of time

5.

Suspension of sentence, injunction, stay of execution and stay of proceedings

6.

Registry and sub-registries

7.

Hours for lodging documents

8.

Maintenance of registers

9.

Numbering of applications and appeals

10.

Endorsement of documents

11.

Registrar's discretion to allow documents to be lodged otherwise than at appointed place

12.

Acceptance of documents lodged out of time

13.

Requirements as to size and production of documents, binding of records and numbering of pages and lines

14.

Power of Registrar and registrars of superior courts to reject documents

15.

Signature of documents

16.

Form of amendments

17.

Service and transmission of documents

18.

Change of address for service

19.

Sittings of the Court

20.

Court recess

21.

Places where appeals are to be heard

22.

Appearances

23.

Change of advocates

24.

Assignment of advocates

25.

Case management and pre-trial conference

26.

Right of audience

27.

List of authorities and copies of judgments to be referred to

28.

Order of addresses

29.

Expanded Bench

30.

Hearing of appeals

31.

Power to re- appraise evidence and to take additional evidence

32.

Power to call for report

33.

General powers of the Court

34.

Rulings and judgments

35.

Decisions to be embodied in orders

36.

Preparation of orders

37.

Correction of orders

38.

Notification of decisions

39.

Signature and sealing of documents

PART II – APPLICATIONS

40.

Application for certificate of fitness or leave to appeal in criminal matters

41.

Application for leave to appeal in civil matters

42.

Application for certificate that point of law of general public importance involved

43.

Application to superior court

44.

Form of applications to Court

45.

Supporting documents

46.

Applications for leave to amend

47.

Applications to be lodged in appropriate registry

48.

Procedure regarding applications lodged in sub-registries

49.

Urgent applications

50.

Number of copies of applications required

51.

Service of notice of motion

52.

Affidavits in reply

53.

Abatement of applications

54.

Application for leave to withdraw

55.

Hearing of applications

56.

Hearing of applications

57.

Reference from decision of a single judge

58.

Procedure on non- appearance

59.

Rescinding of orders

PART III – CRIMINAL APPEALS AND REVIEW

60.

Application of Part III

61.

Notice of appeal

62.

Consolidation of appeals

63.

Transmission of notices of appeal

64.

Preparation of record of appeal

65.

Service and transmission of record of appeal and exhibits

66.

Memorandum of appeal

67.

Supplementary memorandum

68.

Presentation of written submissions

69.

Procedure where appellant is in prison

70.

Withdrawal of appeals

71.

Abatement of appeals

72.

Notice of hearing

73.

Appearance at hearing and dismissal for non-appearance

74.

Arguments at hearing

75.

Review

PART IV – CIVIL APPEALS

76.

Application of Part

77.

Notice of appeal

78.

Transmission of notice of appeal

79.

Service of notice of appeal on persons affected

80.

Death of respondent before service of notice

81.

Respondent to give address for service

82.

Separate notices of appeal from same decision

83.

Withdrawal of appeal and notice of cross-appeal

84.

Institution of appeals

85.

Effect of default in instituting appeal

86.

Application to strike out notice of appeal or appeal

87.

Death of party to intended appeal

88.

Contents of memorandum of appeal

89.

Contents of record of appeal

90.

Where documents are omitted from the record of appeal

91.