ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
34. Rulings and judgments
Edition: 2022-12-31 · In force
34. Rulings and judgments
(1)The Court may give judgments and rulings at the close of the hearing of an appeal or application or reserved for delivery within one hundred and twenty days, unless the Court for reasons to be recorded orders otherwise.(2)Where the Court defers a judgment or ruling, the Court shall notify the parties of the next date for delivery:Provided that the Court shall not defer a judgment or ruling for more than one hundred and eighty days.(3)In a criminal application (other than an application heard by a single judge) and a criminal appeal, one ruling shall be given as the ruling of the court, and may be given if one judge has died, ceased to hold office, or is unable to perform the functions of his or her office because of infirmity of mind or body, or refuses to sign the ruling, but the presiding judge may direct that each judge shall give a separate ruling.(4)In a civil application (other than an application heard by a single judge) and a civil appeal, each member of the Court shall give a separate ruling unless, the decision being unanimous, the presiding judge otherwise directs, but where one judge delays, dies, ceases to hold office or is unable to perform the functions of his or her office because of infirmity of mind or body, the remaining members of the court may give separate concurring rulings.(5)The ruling or rulings of the Court on an application shall—(a)where the application was heard in chambers, be delivered in chambers or in any other manner approved by the Court and communicated to the parties; and(b)where the application was heard in court, be delivered in court or in any other manner approved by the Court, and communicated to the parties.(6)The presiding judge may, in any particular case, direct that the decision of the Court only shall be so delivered and not the reasons therefor, and in such a case the judgment or judgments shall be deposited in the Registry or sub-registry in the place where the application or appeal was heard and copies thereof shall be available to the parties when the decision is delivered.(7)Notwithstanding subrule (1), the Court may, at the close of the hearing of an application or appeal, give its decision but reserve its reasons and in such a case the reasons may be delivered in court or deposited in the Registry or sub-registry in the place where the application or appeal was heard within ninety days and where the reasons are so deposited, copies thereof shall be available to the parties and they shall be so informed.(8)Where one judgment is given at the close of the hearing as the judgment of the Court, it shall be delivered by the presiding judge or by such other member of the Court as the presiding judge may direct.(9)Where judgment, or the reasons for a decision, has been reserved, the judgment of the Court, or a judgment of any judge, or such reasons, as the case may be, being in writing and signed, may be delivered by any judge, whether or not he or she sat at the hearing.(10)The judgment of the Court shall be dated as of the day when it is delivered or, where a direction has been given under subrule (6), as for the day when the decision was delivered.(11)Where the date of the judgment or ruling was given in Court, or the parties are duly notified of that date but fail to appear, the Court may deliver the judgement or ruling on the scheduled date in absence of the parties.(12)The Registrar shall notify the parties in whose absence the Judgement or Ruling was delivered under subrule (11), that the Judgement or Ruling is ready for collection in the Registry.(13)For the purposes of this rule, "presiding judge" includes the next senior judge, where the original presiding judge has died, ceased to hold office, or is unable to perform the functions of his or her office by reason of infirmity of mind or body.