ADVOKS GLOBAL · KENYA
The Court of Appeal (Election Petition) Rules
10. Notice of cross-appeal or notice of grounds for affirming decision
Edition: 2022-12-31 · In force
10. Notice of cross-appeal or notice of grounds for affirming decision
(1)A respondent who desires to contend at the hearing of an appeal that the decision of the High Court or any part thereof should be varied or reversed, either in any event or in the event of the appeal being allowed in whole or in part, shall give notice to that effect, specifying the grounds of his contention and the nature of the order which he proposes to ask the Court to make, as the case may be.(2)A respondent who desires to contend on an appeal that the decision of the High Court should be affirmed on grounds other than or additional to those relied upon by that court shall give notice to that effect, specifying the grounds of his contention.(3)A notice given by a respondent under this rule shall state the names and addresses of any persons intended to be served with copies of the notice and shall be lodged in quadruplicate with the Registrar within seven days after service on the respondent of the record of appeal.(4)A notice of cross-appeal shall be substantially in the Form EPA 2 set out in the Schedule and shall—(a)be signed by or on behalf of the respondent;(b)identify the part of the judgment sought to be varied;(c)specify the grounds for variation; and(d)state precisely the relief sought.(5)A notice of grounds for affirming a decision shall be substantially in the Form EPA 2A in the Schedule and shall be signed by or on behalf of the respondent.