ADVOKS GLOBAL · KENYA
The Court of Appeal (Election Petition) Rules
8. Contents of record of appeal
Edition: 2022-12-31 · In force
8. Contents of record of appeal
(1)The record of appeal shall contain copies of the following documents—(a)an index of all the documents in the record with the numbers of the pages at which they appear;(b)a statement showing the address for service of the appellant and the address for service of the respondent being his last known address and proof of service on the respondent of the notice of appeal;(d)the trial judge's notes of the hearing;(e)the transcript of any shorthand notes taken at the trial;(f)the affidavits read and all documents put in evidence at the hearing, or, if such documents are not in the English language, certified translations thereof;(h)certified copy of the decree or order;(i)the notice of appeal; and(j)such other documents, if any, as may be necessary for the proper determination of the appeal, including any interlocutory proceedings which may be directly relevant:Provided that the copies referred to in paragraphs (d), (e) and (f) shall exclude copies of any documents or any parts thereof that are not relevant to the matters in controversy on the appeal.(2)A judge or Registrar may, on the application of any party, direct which documents or parts of documents should be excluded from the record and an application for such direction may be made informally.(3)The documents mentioned in sub-rule (1) shall be bound in the order in which they are set out in that sub-rule and documents produced in evidence shall be put in order of the dates they bear or, where they are undated, the dates when they are believed to have been made, without regard to the order in which they were produced in evidence:Provided that an affidavit filed in support of an application shall be bound immediately following the application.(4)Each copy of the record of appeal shall be certified to be correct by the appellant or by any person entitled to appear on his behalf.(5)Where the High Court does not avail any of the documents required under sub rule (1), the appellant may proceed to file the record of appeal and a supplementary record of appeal within seven days thereafter.