ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
17. Service and transmission of documents
Edition: 2022-12-31 · In force
17. Service and transmission of documents
(1)Where a document is required to be served on any person under these Rules, service may be effected in such way as the Court may direct and, in the absence of any such direction, shall be made personally on the person to be served or any person entitled under rule 22 to appear on his or her behalf or by any other recognized mode of service as provided under Order 5 of the Civil Procedure Rules (sub. leg).(2)Where a document is required to be served on the appellant or on the respondent, and two or more appellants or respondents, as the case may be, are represented by one advocate, it shall be sufficient if one copy of that document is served on that advocate.(3)For the purpose of this rule, service on a partner or a clerk of an advocate at the office of the advocate shall be deemed to be service on the advocate.(4)Proof of service may be given where necessary by affidavit, unless in any case the Court shall require proof by oral evidence:Provided that in the case of a person in prison, a letter purporting to be signed by the officer in charge of the prison certifying that the document was delivered to the prisoner on a specified date may be accepted as sufficient proof of service.(5)Where a document is required to be sent to any person, the document may be sent by hand, a licensed courier service provider approved by the court or by registered post to that person or to any person entitled under rule 22 to appear on his or her behalf.(6)The notice of the date fixed for the hearing of an application or appeal or for the delivery of judgment or the reasons for any decision may be given by telephone or other electronic means approved by the court.(7)Where a document is required to be served by the Court or a party under these Rules, service may be effected by email using the address provided by the party to be served, or by such other verifiable electronic means as the Court may approve.