ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
102. Death of party to appeal
Edition: 2022-12-31 · In force
102. Death of party to appeal
(1)An appeal shall not abate on the death of the appellant or respondent but the Court shall, on the application of any interested person, cause the legal representative of the deceased person to be made a party in place of the deceased.(2)If no application is made under subrule (1) within twelve months from the date of the death of the appellant or respondent, the appeal shall abate.(3)The person claiming to be the legal representative of a deceased party or an interested party to an appeal may apply for an order to revive an appeal which has abated and, if it is proved that the legal representative was prevented by sufficient cause from continuing the appeal, the court shall revive the appeal upon such terms as to costs or otherwise as it deems fit.(4)An application under sub rule (3) may be made before a single judge.