Below is a guide on how to file for appeal of a court ruling if you have lost a case in Kenya. That is at the high court, court of appeal or Supreme court in that order.
When to file an appeal
In many court cases, the claimants or the defendants are not satisfied with the ruling. Fortunately, the law in Kenya provides a second chance for the parties in a court case. You can file for an appeal and the court that hears your case may either uphold the ruling of the lower court or refute it. Here is what you need to know about filing for an appeal of a court decision in Kenya.
Court appeal Limitation Period
Every appeal comes with a limited period as provided by the Limitation Act, 1963. If you are appealing to a ruling by a lower court in a civil case, the limitation period is 90 days from the date of the ruling, if you are appealing to the high court or 30 days from the date of the ruling if you are appealing to any other court.
Rules that Apply To Appeals
There are basic rules that guide the appeals process in Kenya. If the case involves more than one defendant or claimant, any one of them has the right to file an appeal against all of them. The other thing to note is that just because an appeal is made does not necessarily mean that the lower court’s decree is stayed. Where there is a temporary order or stay, it should be specifically stated and the stay works only if the court allows it. When it comes to executing a decree, the court that passed the order can stay the execution on reasonable grounds.
It is also worth noting that the court may ask the appellant to make a deposit of some kind of security. The appellate court could also, on the day set for the hearing, dismiss the appeal or provide a notice to the respondent to appear on the next day. If the respondent is summoned to appear on the first day of the court hearing, the court shall then set a date for the next hearing. The appellate court shall also inform the lower court whose order is subject to the appeal.
Procedure of filing appeal of a court ruling
Sections 65-69 set out the procedure for filing an appeal in Kenya. The following requirements need to be met for an appeal to be considered as valid:
- Must be in form of a memorandum that presents the grounds on which a person objects to a decree
- Must be formatted and presented like a record of appeal
- Must be signed by the one appealing (appellant) or their agent
- Must be filed in the appellate court or by an officer of the court
- Must be filed together with a copy of the decree or judgment
- Must be accompanied by a deposit or some kind of security if the appeal involves a money decree
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