ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
49. Urgent applications
Edition: 2022-12-31 · In force
49. Urgent applications
(1)An application which the applicant desires to set down for hearing as a matter of urgency shall be accompanied by a certificate of urgency signed by the applicant or the applicant’s advocate, supported by affidavit setting forth the matters upon which the applicant relies as showing that his or her application should be heard without delay.(2)The application under subrule (1), certificate and supporting affidavit shall be placed before a single judge, who shall peruse it, and the application shall not be set down for hearing as a matter of urgency unless the judge certifies that it is urgent.(3)The Registrar may maintain, in addition to the Court register of applications, a separate register of each application made under sub- rule (1) which shall be numbered consecutively in each year showing the date the application was made, the parties, if any, and the decision of the single judge thereon.(4)The provisions of this rule shall apply to the hearing of urgent applications during the term and in recess.(5)The refusal by the judge to certify an application as urgent under this rule shall not be subject to a reference to the Court under rule 55, but the applicant may apply informally for the matter to be placed before a single judge for hearing inter partes.(6)Where an application is certified urgent by a single judge, the application shall be set down for hearing within sixty days after the certification or such other specified period as the President may direct, depending on the urgency of the matter.