ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
36. Preparation of orders
Edition: 2022-12-31 · In force
36. Preparation of orders
(1)Where a decision of the Court is given in a criminal application or appeal, the order shall be drawn up by the Registrar who, in drawing up the order, shall not be required to consult the parties or the parties’ advocates.(2)Where a decision of the Court is given in a civil application or appeal—(a)any party may, within fourteen days from date of judgment or ruling, prepare a draft of the order and submit it for the approval of the other parties;(b)the party to whom the draft has been submitted shall approve the same within seven days from the date of receipt of the draft order under paragraph (a);(c)if all parties approve the draft, the order shall, unless the presiding judge otherwise directs, be in accordance with it;(d)if the parties do not agree on the form of the order, or if there is non-compliance with paragraphs (a) and (b), the form of the order shall be determined by the Registrar in accordance with the decision of the Court:Provided that if the parties are dissatisfied with the decision of the Registrar, the issue shall be settled by a single judge after giving all the parties an opportunity of being heard and the decision of judge shall be final; and(e)where an application was certified as urgent under rule 49, any party may, with notice to all the parties, request the Registrar to issue the order arising from a Ruling on the application, on priority basis and the Registrar may, where satisfied, prescribe a shorter period for compliance with the provisions of paragraphs (a) and (b).(3)The order extracted under rule 36 shall be issued from the Registry or sub-registry in the place where the application or appeal was heard.