The Court of Appeal Rules

2. Interpretation

Edition: 2022-12-31 · In force

2. Interpretation

In these Rules, unless the context otherwise requires—"advocate" means a person who, under rule 22, has the right of audience before the Court;"amicus curiae" means a person who is not a party to a matter, but has been allowed by the Court upon application, to appear as a friend of the Court to address it in respect of a matter of law;"appeal", in relation to appeals to the Court, includes an intended appeal;"appellant" includes an intended appellant;"appellate jurisdiction", in relation to a superior court, includes the jurisdiction of the court in matters of revision, review, reference, case stated and point of law reserved;"appropriate registry" means the Registry or sub-registry contemplated under rule 6;"Court" means the Court of Appeal and includes a division thereof and a single judge exercising any power vested in the judge when sitting alone;"deputy registrar" means a deputy registrar of the Court;"interested party" means a person or entity that has an identifiable stake, legal interest or duty in the proceedings before the Court but is not a party to the proceedings, or may not be directly involved in the litigation but has been allowed by the Court upon application, to appear as an interested party to address it in respect of a matter of law or fact;"intermediary" means a person allowed by the court to communicate with the court on behalf of a vulnerable party;"judge" means a judge of the Court acting as such;"notice of appeal"—

(a)in relation to a criminal appeal, means a notice lodged in accordance with rule 61; and

(b)in relation to a civil appeal, means a notice lodged in accordance with rule 77;

"notice of cross-appeal" means a notice lodged in accordance with rule 95;"notice of grounds for affirming the decision" means a notice lodged in accordance with rule 96;"prison" includes any other place of detention to which any person may have been committed by a court;"President" means the President of the Court of Appeal as provided for in Article 164 (2) of the Constitution;"Registrar" means the Registrar of the Court and includes a deputy registrar;"Registry" means the registry of the Court and includes a sub- registry;"Registrar of a superior court" includes a deputy registrar and an assistant registrar of that court;"respondent"—

(a)in relation to a civil application, includes any person on whom the notice of motion has been served; and

(b)in relation to a civil appeal, includes any person on whom a notice of appeal has been served and any person other than the appellant on whom a notice of cross-appeal has been served; and

"Superior court" means the High Court and courts of equal status.

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Source: Kenya Law